S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord-respondent No. 2 Shyam Lal against them 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. 74 of 1985. Prescribed authority/llnd Additional Civil Judge, Allahabad dismissed the release application through judgment and order dated 13.11.1987. Against the said judgment and order landlord-respondent No. 2 filed R.C. appeal No. 472 of 1987. Vth A.D.J., Allahabad through judgment and order dated 28.2.1989 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and allowed the release application of landlord hence this writ petition by tenants.
(2.) Property in dispute is a house bearing No. 125 rent which is Rs. 10/- per month. Landlord pleaded that he was employed in Indian Military and had retired in 1976 and was residing in a tenanted house. The property in dispute was purchased by the landlord through sale deed dated August 1979 (registered ori 21.8.1979). Through the sale deed two adjoining houses were purchased bearing No. 125 (house in dispute) and 134. House No. 134 was situate towards north of house No. 125. Both the houses were adjacent to each other. In the sale deed it was shown that both the house contained two kacchi khaprel kotharies.
(3.) The tenants in the written statement as well as in the affidavit filed by them nowhere stated that any other house was available to the landlord. They only contended that the landlord was residing comfortably in the house in which he was tenant and his landlord was not pressurising him to vacate. Annexure-1 to the counter affidavit is affidavit of tenant-petitioner No. 1 filed before the Prescribed authority. Annexure-2 to the writ petition is also copy of another affidavit filed by Manik Chandra. In Para-13 of the said affidavit it was clearly stated that towards north in the house in dispute open land was available to the landlord in which he could make constructions. Similar fact was stated in Para-5 of affidavit of Jiya Lal filed on behalf of the tenant, copy of which is Annexure-3 to the writ petition and Para-4 of the affidavit of Smt. Surkhiya filed on behalf of the tenants-petitioners before Prescribed authority, copy of which is Annexure-4 to the writ petition.;