Rakesh Tiwari, J. - (1.) THE petitioners have challenged the validity and correctness of judgments and orders dated 17.2.2004 and 4.5.2006 (appended as Annexures 3 and 4 respectively to the writ petition) passed by Prescribed Authority/Additional Civil Judge (Senior Division) Court No. 2 and Additional District Judge/Special Judge (S.C./S.T. Act) Kanpur Nagar respectively. The dispute giving rise to the instant writ petition relates to accommodation under the tenancy of the petitioners on a monthly rent of Rs. 100/ -, consisting of five rooms, kitchen, varandah, court -yard, latrine/bathroom situated on the first floor of premises No. 108/27 -A, Lenin Park, P. Road, Kanpur Nagar.
(2.) RESPONDENT -landlord moved release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ''the Act'), which was registered as case No. 45 of 1997. It was alleged in the release application that Sri Allu Mal and Sri Daya Ram were joint tenants of the premises, in dispute since 1960. On the death of Sri Allu Mal, who had shifted to Gauhati in 1960, Sri Ganga Ram son of Late Sri Daya Ram, predecessor -in -interest of the petitioners inherited the tenancy. Respondent -landlord was living in the second floor of premises No. 106/261 -B two rooms, kitchen and latrine/bathroom. On the basis of oral family settlement, house No. 106/261 -B, Gandhi Nagar, Kanpur Nagar came to the share of Dr. Kala Dhar Mishra and the premises, in dispute, i.e., House No. 108/27 -A Lenin Park, P. Road, Kanpur Nagar fell in the share of the respondent -landlord. Sri Kela Dhar Mishra, brother of the respondent -landlord served the tenant with a notice dated 30.8.1995 to vacate as the premises -in -dispute was urgently required by him. Release application was contested by the petitioners by filing joint written statement denying the allegations contained therein, inter alia, that the landlord has no genuine or bona fide need of the accommodation -in - dispute as he was co -owner of premises No. 106/261 -B Gandhi Nagar, Kanpur Nagar where he together with his family members was comfortably residing; that separate No. 167 dated 24.8.1992 was allotted to the landlord in the property at Gandhi Nagar, which was concealed by him; that the oral family settlement dated 2.2.1981 was not only collusive but was made with a ulterior motive to oust the petitioners from the premises -in -dispute; and three rooms and a varandah were got vacated from one tenant M/s. Vineet Printing Press by the landlord, who is in possession of 8 rooms, five of them remain unused.
(3.) RELEASE Application was allowed by the Prescribed Authority/Additional Civil Judge (Senior Division) Court No. 2, Kanur Nagar vide judgment and decree dated 17.2.2004 with a direction to the petitioners to vacate the accommodation -in -dispute within three months from the date of decree. Gandhi Nagar, Kanpur Nagar consisting;