- (1.) HEARD Sri B. P Nautiyal and Sri Hari Mohan Bhatia, Advocate for the peti tioner, Sri Sharad Sharma, Advocate for the respondent no. 3 and Standing Counsel for the respondents no. 1 and 2. FACTUAL MATRIX OF THE CASe
(2.) BY the present writ petition the pe titioner has prayed for a writ of certiorari quashing the order passed by the respond ent no. 1 District Judge Nainital in Rent Control Appeal No. 3 of 2004. Briefly stated, an application was filed under Section 21 (1 ) (a) of the (U. R) Act No. 13 of 1972 for the release of the accommodation in the tenancy of the pe titioner situate at the place known as Tula Cottage, Tallital, Nainital consisting of 2 rooms latrine and bathroom of the north ern side of Tulla Cottage Tallital, Nainital. The prescribed authority has rejected the application for release. On appeal, the District Judge has allowed the appeal. BONAFIDE NEED OF THE LAND LORD/respondent In paragraph 9 of the application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, the respondents have spe cifically pleaded that they are having a joint family and are in possession of only two rooms. The applicants no. 2 and 3 are married. The Family of Rajendra Lal Shah/applicant no. 2 consists of himself, his wife and two children and the family of Vijay Lal Shah consists of himself, his wife and two children and mother is also residing alongwith them.
(3.) THE landlords/respondents have stated in their application that the elder son of Rajendra Lal Shah is studying in : Class VIII. THE application for release was filed in the year, 1997 and nine years have already passed. Similarly, children of Vijay Lal Shah are also studying in Nursery School at the relevant time and now they have grown up. All the landlords are having a good status as Rajendra Lal Shah is having a kirana shop in Nainital and has to reside permanently at Nainital and Vijay Lal Sah is also working as Clerk in the Government Inter College, Patwa Danger and his family is permanently re siding at Nainital. In the suit, two rooms pre available with the landlord and as such they require a separate and com fortable living.;