Sunita Agarwal, J. - (1.) Heard Sri Arvind Srivastava, learned counsel for the petitioner and Smt. Rajni Ojha, learned counsel for the respondents.
(2.) This writ petition arose out of a proceeding under Sec. 21(1)(a) of U.P. Act No. 13 of 1972. The release application was filed by three persons namely Sri Ram Chandra Prasad, Sri Prabhu Nath Prasad and Sri Hari Nath Prasad sons of late Ram Khelawan Ram on 23rd August, 2006 with regard to the house in Block No. 1, Ward No. 17, Nagar Palika Parishad, Ballia, the boundaries of which has been given in schedule of the plaint.
(3.) It is stated in the release application that the accommodation given in schedule which consists of two rooms, latrine & bathroom and staircase (hereinafter referred to as the "accommodation in question") came in the share of the applicants pursuant to a decree dated 7.9.2002 passed by the Civil Court in a partition suit namely Original Suit No. 203 of 2001 (Ram Chandra and others v/s. Smt. Kaushalya Devi and another). The predecessor of the opposite parties namely late Ganesh Prasad was tenant in the accommodation in question. However, the opposite parties had taken possession of the adjoining premises described in schedule , taking advantage of the dispute between the co -sharers. The applicants/landlord, however, have no concern with the accommodation mentioned at schedule . The first floor of the accommodation in question is needed for the residence of applicant No. 3 namely Hari Nath and his family. The families of three brothers namely Ram Chandra Prasad, Prabhu Nath Prasad and Hari Nath Prasad, sons of Ram Khelawan Ram, are residing at the first floor of one house existing in Chowk, Station Road (Mahatma Gandhi Marg), Ballia. At the ground floor of the said house, there are shops in possession of the applicants and their tenants. The accommodation in possession of the family of three applicants is insufficient and further as the family has grown with the passage of time, the relationship between the family members has strained, as a result of which the applicant No. 3 Hari Nath Prasad along with his family wanted to shift to the disputed house.;