- (1.) RAKESH Tiwari, J. Heard learned Counsel for the petitioners and perused the record.
(2.) THE case of the petitioners, in brief, is that a release application under Section 21 (1) (a) of the U. P Urban Build ings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P Act No. 13 of 1972) was filed by the respondent-landlord on 8-10-2002. In the release application, the landlords pleaded that they are the legal heirs of late Sri Kishan Singh, the original landlord of premises No. 31/273 situate in Mohalla Raoli, Rakabganj Ward, Agra. After the death of Sri Kishan Singh, they have become landlords of the property in dispute. The personal needs set up by the landlords is as under: Sri Bhagwan Singh is the eldest son of Late Sri Kishan Singh having family of self, wife and two major children. He is a practising Advocate since 1982. He alleges to be in occupa tion of only two rooms, one kitchen and bathroom on the first floor. This portion has been shown by green colour in the map attached to release application. It is also alleged that he, as a practising advocate requires more accommoda tion and needs drawing room, guest room, dining room and separate study room for children. Sri Devendra Singh, second son of Late Sri Kishan Singh, i. e. , respondent No. 2 is in possession of another room shown by sky blue colour in the map and his family consists of self, wife and one son. It has further been state d that other son of Late Sri Kishan Singh namely Mohan Singh, i. e. , respondent No. 3, Smt. Ramwati wife of Late Sri Kishan Singh, i. e. , respondent No. 8 and Km. Yugal daughter of Late Sri Kishan Singh, i. e. , respondent No. 11 are in occupation of one shop, one pauli and orre store-cum- garage. Their por tion is shown on ground floor by sky blue colour in the map attached to the release application. Smt. Rajesh Kumari, respondent No. 4 is widow of late Sri Bharat Singh, brother of Sri Bhagwan Singh. She has a family of self, two daughters and a son. She has the portion in first floor shown in violet colour in the map attached to the release application, which comprises of kitchen and bathroom.
(3.) SMT. Parwati, respondent No. 10 daughter of Late Sri kishan Singh. She is married and is in occupation of the portion in the first floor shown by brown colour in the map attached to the release application. She occupies the room whenever she comes to her mother from her Sasural. She has a family of self, husband and two children. Similarly SMT. Gyanwati, respondent No. 9, is another daughter of late Sri Kishan Singh. She has the portion on the ground floor shown by parrot green colour in the map attached to the release application and her family con sists of self, husband and four children. In the release application the landlords state d that one Sri Ram Sewak was the tenant of the accom modation on the ground floor on a rent at Rs. 50 per month consisting of one room, kitchen and common Angan as shown by red colour in the map at tached to the release application. It is submitted that Sri Ram Sewak died in the year 1995 and the petitioners have become tenants of the residential ac commodation; that the landlords have recently come to know that the petitioners had acquired a residential quarter/flat, F-1038 EWS, Kamla Nagar, Agra, in vacant state with in the municipal limits of Agra from Awas Vikas Parishad, Agra, therefore, the release application has also been filed under Section 21 (1) Explanation one of fourth' proviso. The respondent-landlords claim their bona fide and genuine need of the accommodation in question in the tenancy of the petitioners.;