S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by the landlord respondent No. 3 under Section 21 U.P. Act No. 13 of 1972 on the ground of bonafide need. Accommodation in dispute is a shop rent of which is Rs. 25/- per month.
(2.) In the release application it was stated that the landlord required the shop for himself and for his sister son (Bhanja) Israil. It was further stated that the landlord's sister i.e. mother of the aforesaid Israil had become widow about 25 years before and since then she was residing with landlord and landlord had brought up her son Israil like his own son. Release application was registered as P.A. Case No. 3/82 on the file of the Prescribed Authority, Allahabad. The Prescribed Authority on 8.6.1982 allowed the release application holding the need of the landlord to be bonafide. Question of comparative hardship was also decided in favour of the landlord. Against the judgment and order passed by the Prescribed Authority tenant petitioner filed Rent Control Appeal No. 377/83. The IX A.D.J., Allahabad allowed the appeal in part on 28.5.1983.
(3.) It was also contended by the landlord before the Court below that the petitioner was tenant of two door shops and he had sub let one door shop to one Iftikhar. However before the appellate Court landlord requested that the said controversy should not be decided in appeal and release application should be considered only in respect of portion in tenancy occupation of petitioner. The lower appellate Court held that petitioner was tenant of only one door shop and therefore, according to the contention of the learned Counsel for the landlord respondents the application was confined in respect of the portion in occupation of tenant appellant only. The appeal was dismissed in respect of portion in tenancy occupation of tenant petitioner and allowed in respect of portion in possession of Iftikhar.;