V.K.Mehrotra, J. - (1.) SRI Chhedi Lal and his wife Smt. Hira Devi who are Petitioners in this writ petition under Article 226 of the Constitution of India, are owners of house No. 105/326, Charoman Ganj, Kanpur. They purchased the house on April 15, 1962. Some portion of the ground floor and some on the first floor of the building is in occupation of tenants. Sarvashri Sarju, Baddal and Daulat Ram are three such tenants. They are occupying the portions in their tenancy on a monthly rent of about Rs. 13/ - each.
(2.) ACCORDING to the Petitioners, their family consists of 10 members. Most of their children are of school -going age. One son Kishori Lal, was nearly 20 years of age in the year 1972. Negotiation for his marriage was going on at that time. Finding that the accommodation in their possession was grossly insufficient for their requirements, the two Petitioners made an application under Section 21 of U.P. Act XIII of 1972 for release of the accommodation in possession of Sarju, Baddal and Daulat Ram. The application, which was made in July 1978 mentioned the circumstances in which the two Petitioners were claiming the release of the aforesaid accommodation. Amongst other things, it was said that having regard to the status of the Petitioners and their family it was imperative for them to have a dinning room and a drawing room, apart from five living rooms and necessary kitchen etc. It was also said that Kishori Lai was likely to get married and would be needing a room for himself. The application mentioned that most of the rooms were of the size of 2 ft x 2 ft and some of them would have to be converted into bigger rooms to suit the requirements of the Petitioners.
(3.) THE three tenants contested the prayer for release made by the Petitioners on various grounds and in particular, on the ground that the accommodation in possession of the Petitioners was sufficient for their requirements. It was also said that the story about the marriage of Kishori Lal was set up with a view to make out a ground for release.;