S.U.Khan, J. - (1.) THIS is landlord's writ petition arising out of suit for eviction/release proceedings initiated by him against tenant respondent No. 2 Mohd. Ishaque on the ground of bona fide need under section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 34 of 1981 on the file of prescribed authority/Munsif City, Jaunpur. Release application was filed by Smt. Dhanpati and her son Ram Sevak. Smt. Dhanpati thereafter died and was survived only by Ram Sevak who is the sole petitioner in this writ petition. Property in dispute is a shop rent of which is Rs. 10/ - per month.
(2.) IN the release application, it was stated that initially shop in dispute was in tenancy occupation of Naeem who had died leaving behind three sons Mohd. Ishaque (respondent No. 2). Mohd. Ismail, Mohd. Ibrahim and their mother Kamrun Nisa (they all were made opposite parties in the release application). It was, also stated that Mohd. Ismail and Mohd. Ibrahim were doing very good business at Bombay. The need set up in the release application was for settling Ram Sewak in business. It was also stated that just behind the shop, land having dimensions of 8 feet by 75 feet was also purchased by the landlady, however there was no proper passage to the said land except through the shop in dispute hence landlady proposed to make construction on the said land in such manner that the said construction alongwith shop in dispute could be properly approachable. Landlady had also pleaded that she also required the shop for settling her grandson Girja Shanker in business. Presiding Officer of the Court of prescribed authority himself inspected the shop in dispute and the adjacent land. The prescribed authority held that at the time of his inspection it was pointed out by the tenant that the said land was accessible from the side of Sabzi Mandi also. However presiding officer noted that Sabzi Mandi was not fully constructed and after complete construction thereof the land of the landlord would not be approachable from that side and that in southern corner of the land in dispute there was 10 feet high wall and thereafter land of Nagar Palika was there which was surrounded by wires.
(3.) TENANT had pointed out that some other properties were available to the landlords. Tenant also stated that daughters of the deceased original tenant had not been impleaded hence application was defective. However, respondent No. 2 Mohd. Ishaq admitted that from the business carried out from the shop in dispute none of his brothers and sisters were having any concern and he alone was owner thereof.;