S.U. Khan, J. - (1.) This is landlord's writ petition arising out of eviction/release proceedings initiated by him against original tenant respondent No. 2 Sri Bachchan Lal (since deceased and survived by legal representatives) on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of Rent Case No. 83 of 1985. Prescribed Authority/ACMM (VII), Kanpur Nagar through judgment and order dated 28.5.1992, allowed the release application. Against the said judgment and order original tenant respondent No. 2 filed Rent Appeal No. 163 of 1992. VIII Additional District Judge, Kanpur Nagar through judgment and order dated 15.10.1993, allowed the appeal, set-aside the judgment and order passed by the prescribed authority and dismissed the release application of landlord petitioner hence this writ petition.
(2.) Property in dispute is a shop situate on ground floor.
(3.) Annexure 1 to the writ petition is a copy of the amended release application. In Para 8 of the release application it was clearly mentioned "that there is no room on the road side in the premises No. 87/143-A Dev Nagar, Kanpur except the shop occupied by the opposite party which is suitable to be made office/Chamber by the applicant 1/1 Pratap Shankor Bajpai, Advocate to attend and deal with his client" (Release application was filed by Dev Narain Bajpai who died during pendency of proceedings before the trial Court and was substituted by his son P.S. Bajpai who is petitioner in this writ petition). After the death of Dev Narain Bajpai, release application was got amended and it was stated that according to the will executed by late Sri D.N. Bajpai, accommodation in dispute and first floor accommodation came in possession of petitioner, P.S. Bajpai. It was further stated that petitioner P.S. Bajpai was Assistant Manager in FCI from where he had voluntarily retired since 31.1.1985 and was practising thereafter as advocate in Kanpur Courts. In the release application absolutely no need for residential purpose was set-up. Petitioner P.S. Bajpai also filed his affidavit before the trial Court. In Para 11 of the said affidavit copy of which is Annexure 3 to the writ petition, it was stated that petitioner had in his possession five rooms on both the floors (ground floor and the first floor) and he was he was using the said rooms for residential purpose. No allegation was made that he required any additional accommodation for residential purpose. It appears that some evidence was adduced that petitioner was heard patient however release application was not got amended and no need for residential purpose was set up.;