- (1.) Heard Sri Ashish Kumar Singh, learned counsel for the petitioners, Sri Manish Tandon and Sri Rakesh Pande, learned counsels for the respondents.
(2.) This writ petition is directed against the release order passed by the lower appellate court in Rent Appeal No. 17 of 2009. The release was filed by Rajaram who was owner of house no. 105-A, Jawahar Square, Meerganj, Allahabad. His heirs were later on substituted as applicants-landlord. They claim absolute ownership to the house no. 105-A, Jawahar Square, Meerganj, Allahabad. The petitioners-opposite parties in the release application are stated to be tenant of one shop on the ground floor of the aforesaid house on monthly rent of Rs. 200/-. It was stated in the release application that the opposite party no. 1 Shanker Lal built a commercial complex namely house no. 528/1, Nehru Nagar, Meerapur, Allahabad, wherein he was carrying on a stove factory at the basement. A portion of the house was also let out at the monthly rent of Rs. 3,000/- to one person. The opposite party no. 2 namely Arjun also built a commercial house no. 153-A, Patel Nagar, Meerapur, Allahabad, wherein he was running a Tabacco factory in the name of 'Sangam Zarda'. A factory in the name of "Lily Icecream" was also being run by the opposite party no. 2 in the same premises. A house no. 69/54, Kucha Rai Ganga Prasad, Kalyani Devi, Allahabad was inherited by the tenants/opposite parties from their father late Pyare Lal. Initially the shop in question was let out to the opposite parties for Gas & Stove business but they have changed the nature of tenancy by doing electric and ornament business therein.
(3.) The family of late Rajaram the original landlord consists of two sons namely Vidyasagar @ Bachcha (aged about 50 years) and another son Manoj @ Lalla (aged about 40 years) at the time of filing of application. The legal heirs of Rajaram possess only one shop in the side lane of house no. 105-A, Jawahar Square, Meerganj, Allahabad which is approximately "8X6 ft.". Both his sons namely Bachcha and Lalla are doing business from one shop. This apart, two grand sons of Rajaram namely sons of Bachcha are also unemployed and the shop in question is required to settle them.;