Anil Kumar, J. - (1.) Heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Aslam Khan, learned counsel for the petitioner, Shri B.K. Saxena, learned counsel for the contesting respondent and perused the record.
(2.) Facts in brief of the present case as submitted by learned counsel for the petitioner are that the opposite parties/landlords', namely, Shri Anoop Kumar, Shri Mudit Kumar and Smt. Savitri Devi are owner of the shop situated at Naka Satrikh, Pargana and Tehsil, Nawabganj, District -Barabanki, bounded as East by shop of applicant in tenancy of Mohd. Haroon; West, room of applicant; North, house of Tulsiram Jaiswall and South, road and the same has been let out to the petitioner/tenant on a monthly rent of Rs. 130/ -. Opposite parties/landlords moved an application on 23/24.12.1996, for release of the shop under Sec. 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act, 1972).
(3.) Need as set up by the landlords in the release application is that opposite party No. 2/Shri Anoop Kumar is required the shop in order to carry out his independent business and maintain his family consisting of wife and two daughters as he is unable to earn livelihood of his family. In the release application, it is also pleaded that Smt. Renu Sharma/wife of the tenant/petitioner has already constructed market complex situated at Munshiganj near disputed shop in which several shops are lying vacant in which tenant can carry to his own business.;