- (1.) HEARD Mr. V. K. Kohli, Senior, Advo cate assisted by Mr. I. R Kohli, Advocate for the petitioner and Mr. Alok Singh, Senior Advocate, assisted by Mr. Arvind Vashishth, Advocate for respondents Nos. 3 to 11.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned order dated 31-05-1994 passed by respondent No. 1 (Appellate Authority) in R. C. A. No. 61 of 1993 (Annexure No. 17 to the writ petition ). Factual Matrix of the Case Briefly stated, an application un der Section 21 (1 ) (a) of U. P Act No. 13 of 1972 was filed by the petitioner against respondents Nos. 3 to 11 pray ing for the release of the accommoda tion, which is under their tenancy. The dispute is with regard to the Premises No. 60/1 Moti Bazar, Dehradun, which is a double storied building consisting of two shops, one room and one garage in the ground floor and a residential accommodation in the first floor. The petitioner is using the first floor, where she is residing along with her family members. Out of the accommo dation in the ground floor, one room and garage is in the tenancy of Sanatan Dharam Junior High School, Dehradun. The remaining two shops in the ground floor are tenanted; one is under the tenancy of Sri Harish Bhatia and Sri Narendra Bhatia. Both of them expired leaving behind respondents Nos. 3 to 5, 10 and 11 and respondents Nos. 6, 7, 8 and 9 respectively as their heirs. The other shop is with one Jagdish Lal.
(3.) THE petitioner filed a release ap plication under Section 21 (l) (a) of the U. P Act No. 13 of 1972 stating therein that the shop which was under the ten ancy of Harish Bhatia and now under the tenancy of respondents No. 3 to 11 is required by the petitioner (landlady) for her own use as well as for the use and occupation of her family members. It was also stated in the release appli cation that the respondents have got three shops; two at Karanpur and one shop in dispute and as such, they will not suffer any hardship. Beside this, in paragraphs Nos. 9 and 10 of the release application, the petitioner has stated the availability of non-residential accommo dation with the respondents. THE rel evant paragraphs 9 and 10 of the re lease application are quoted below : "9. That in addition to above, Sri Surendra Bhatia, opposite party no. 2 is in occupation of some godowns at Karanpur. 10. That opposite party no. 2 and 3 have the following additional accom modation too : a. One godown at 62 Moti Bazar, Dehradun. b. One godown at 59/23 Moti Ba zar, Dehradun. c. One shop at 57/1 Old No. 46 Moti Bazar, near Anand Market, Dehradun. d. One shop at 55/5 Moti Bazar, Old No. 46b, near Anand Market, Dehradun. e. One shop in the building of Filmistan THEatre, near the Post Office, which is about 80 feet away from the shop in dispute. " The petitioner has stated in the release application that her husband used to sell cotton cloths on Pheri in villages. On account of breathing prob lem, he has left the work of Pheri, as he has been medically advised not to do the Pheri work. It is stated by the peti tioner that in view of this fact, the peti tioner has decided to run artificial jewelry business in the shop in dispute along with the assistance of her husband, who is without any job. So far as the family of the petitioner is concerned, it consists of the following members : a. Self b. Husband c. Daughter Km. Surendra Kaur aged about 21 years. d. Son Bhupendra Singh aged about 18 years.;