- (1.) Heard Sri A.P. Srivastava, learned counsel for the petitioners and Sri Ramendra Asthana, learned counsel for the respondent.
(2.) This writ petition is directed against the orders of release passed by the Court below in a proceeding under Section 21(1)(a) of U.P. Act No. 13 of 1972. The disputed property is a shop no. 86/9 measuring "7.7ft.X7.7ft." situated at ground floor of the property no. 85/7, Mohalla Sulatanpura, Agra. Brief facts of the case relevant to decide the controversy in hand are that the original landlord, Sri Darshan Lal the father-in-law of the respondent-landlord inducted late Sri Ram Charan Agarwal the father of the petitioners in the shop in question. After death of Sri Darshan Lal, the tenancy devolved upon his heirs. The applicant-landlord, wife of late Ravi Kumar son of Darshan Lal filed the release application stating therein that she is owner-landlord of the shop in question. She is a widow and has no source of income. Her one son was studying in Class 5th and she requires the shop to start her business for her livelihood. The release was contested on the ground that the shop is not needed by the landlady. She has mentioned herself as the owner/landlady of the shop in question but in fact this shop was owned by Sri Darshan Lal. Five sons and other legal heirs of Sri Darshan Lal, the co-owners of the shop in question have not joined for the release.
(3.) The contention of the applicant-landlady that she is sole owner of the shop in question is incorrect. The shop is occupied by Sri Mohan Lal one son of the original tenant Sri Ram Charan Agrawal and he is running his business under the name and style of "M/s. Mohan General Store". This fact is well within the knowledge of the applicant-landlord and she made incorrect statement that the shop was occupied by Radhey Shyam. So far as the the opposite party no. 1 Radhey Shyam is concerned, he is running his shop under the name and style of "Maharaja Diesel Spare, Generator, Alternator & Engine Parts at Railway Arch, 44-Opposite Sita Ram Market, Belanganj, Agra. After death of Ram Charan Agarwal, all his heirs became co-tenants, therefore, it cannot be said that Sri Mohan Lal was inducted as sub-tenant by his brother Radhey Shyam, the opposite party no. 1. The release was contested by Mohan Lal, the occupant by filing counter affidavit.;