Sibghat Ullah Khan, J. - (1.) THIS is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenant -respondent No. 2 Chhotelal Sharma in the form of case No. 14 of 1988 before Prescribed Authority/Munsif Moradabad. Release application was filed under section 21(1)(a) and section 21(1 -A) of U.P. Act No. 13 of 1972. Under latter provision, retiring or retired landlord may seek eviction of tenant and in case he has got no accommodation then his need is presumed to exist and hardships are not to be compared. However, even if release application is filed under sub -section (1 -A), still it can be considered under sub -section (1)(a) of the Act, if bona fide need is proved and landlord proves that in case of rejection of his release application he will suffer greater hardship. Property in dispute consists of one room along with other amenities rent of which is Rs. 17.50 per month. Release application was allowed by Prescribed Authority on 23.8.1991. Against the said judgment and order tenant -respondent No. 2 filed R.C. Appeal No. 56 of 1991. IInd Additional District Judge Moradabad through judgment and order dated 9.8.1996 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and dismissed the release application of the landlord, hence this writ petition by the landlord.
(2.) PROPERTY in dispute is situate in Katra Banshidhar, district Moradabad. Just across the road the locality is known by the name of Nawabpura. Late father of the landlord owned the house in dispute as well as another house situate in Nawabpura. Both the houses face each other and separated only by the intervening road. Landlord took up the case that in between him, his brother Jograj and his sister Premwati a partition took place in which house in dispute and one room in the house situated in Nawab Pura fell in his share and rest of the house in Nawab Pura fell in the share of Jograj and Premwati. According to the learned Counsel for the landlord -petitioner against another tenant of a portion of the same building of which accommodation in dispute is a part, i.e. Shrimati Kranti Devi, landlord -petitioner had filed release application and in that matter it was decided that the aforesaid partition had, in fact, taken place.
(3.) AMIN was appointed by the Appellate Court, who inspected the premises on 9.2.1996 and submitted his report on 12.2.1996 along with map. The said report is Annexure 9 to the writ petition. In the said report it is mentioned that on north -west side he found two shops having lintel roof and shutters and that in one shop scooter, drum, some boxes and other items were stored. In the other shop fodder of cows was found and cows were also found tied therein.;