S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondents against the original tenant Shiv Karan Pandey (since deceased and survived by the petitioners) on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 64 of 1986. Property in dispute is residential and consists of one big room and one small room on the first floor and one room on the second floor.
(2.) It was stated in the release application that landlords applicants had one shop and one small room on the ground floor and they were in urgent need of additional accommodation in the city of Varanasi where property in dispute is situate. It was also stated that the family of the landlords consisted of 34 persons. The tenancy of the tenants petitioners is continuing since 1928 and rent of the accommodation in dispute is Rs. 9.50/- per month. The original tenant was employed with the North-East Railways as Head Clerk.
(3.) The prescribed authority held that applicants landlords had their ancestral house in Village Hardwa which was near Varanasi their family members were residing there and tempo and city bus service was available from Hardwa to reach Varanasi hence those family members of the landlord who were studying in schools, colleges and Universities in the Varanasi could very well come to Varanasi daily. It is interesting to note that in another adjoining Village Rajvari tenant also had his ancestral house. However the prescribed authority held that as tenant was not residing there since long hence that house might not be habitable. The prescribed authority giving the illustration that from other adjoining areas students were coming to BHU daily held that those family members of the landlord who were studying in different schools and colleges in the Varanasi could also do the same thing. Prescribed Authority held that there was an intermediate college in Hardwa. Prescribed Authority also gave illustration of another village Shivpur, which was initially separate from Banaras but later on became part of Varanasi. The prescribed authority also held that the family of the landlord according to him consisted of 34 persons hence even if house in dispute was released it would not satisfy landlord's need.;