- (1.) Heard Sri Umesh Chandra, learned Senior counsel assisted by Sri S.M.S. Royekwar, learned counsel for petitioner Sri Kabir Ahmad and Sri Anurag Srivastava, learned counsel for respondents and perused the record.
(2.) Owner/Landlord Girish Dhan, owner-landlord of building No. 19, Gautam Budh Marg, P.S. Quiserbagh, Lucknow, bounded as under:- East - Latouche Road/Gauam Budh Marg, Lucknow West - Qaisergabh Sabzimandi North - Amature building known as Hamid Estate Building South - Rasta of Qaisergagh Sabzi Mandi
(3.) On 20.11.2011, landlord moved an application under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Rules, 1972 in respect to first floor of the building comprising of one hall, two rooms, latrin, bathroom, kitchen and angan (hereinafter referred to as premises in dispute) under the tenancy of the petitioner on a monthly rent of Rs. 295/- on the ground that the landlord and his family members are residing in House No. 116/108, Ghasyari Mandi, P.S. Qaiserbagh, Lucknow, the ground floor of the house is occupied by different tenant and on the first floor of the aforesaid house, landlord/respondent No. 3 and his family members are residing. The accommodation available in the said house with the applicant/landlord comprising two rooms, Pooja Ghar, Baithak, Two stores, kitchen, angan, latrin and bathroom and the family of the applicant is as follows:- (i) Applicant who is a business man in the city of Lucknow (ii) Wife of applicant. She is a house wife. (iii) Sri Navin Dhan Das gupta son of applicant. He is doing business with the applicant. (iv) Wife of Sri Navin Dhan Das Gupta. She is a housewife. (v) Km. Ananya Gupta aged about 6 years daughter of Sri Navin Dhan Das Gupta. She is a student of Christ Church College, Lucknow (vi) Km. Bhavya Gupta aged bout 4 years daughter of Sri Navin Dhan Das Gupta (vii) Sri Nitin Dhan Das Gupta son of applicant. He is doing business with the applicant. (viii) Wife of Sri Nitin Dhan Das Gupta.;