K.P.Singh, J. - (1.) This is a tenant's writ petition arising out of proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) and it has been directed against the judgement of the 4th Additional District and Sessions Judge, Kanpur, dated 5.9.1981 in Rent Appeal No. 337 of 1980 Banshidhar Pal and three others versus Mohammad Yaqub .
(2.) Brief facts giving rise to the present writ petition are that the contesting opposite parties Bansi Dhar Pal wanted the release of the shop in occupation of the petitioner as tenant on the ground that Surya Prakash and Gyani Prakash have not taken interest in studies and they have stopped their studies, hence the necessity arose for setting them in a business, therefore. the contesting opposite parties needed the shop in occupation of the tenant-petitioner and filed an application for release of the shop under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
(3.) The tenant-Petitioner contested the claim of the contesting opposite parties on the allegations that the need of the landlord was not genuine and bona fide and that they wanted the shop only with a view to let out the same on enhanced rent and various other pleas were taken as is evident from Annexure 1-A attached with the writ petition. It has been emphasised that the tenant-petitioner has been doing hair cutting business in the aforesaid shop and that the hair-cutting business is the only source of their livelihood. It was also suggested that the landlord had let out some other shop recently. Hence the need of the landlord was not genuine and bona fide. It was also pleaded that the tenant-petitioner had a large number of dependents and that he was doing business in the shop in question since the year 1954 and that if he was evicted it would work greater hardship upon the tenant petitioner.;