SUDHIR NARAIN,J - (1.) THIS writ petition is directed against the order dated 18.9.1991 passed by the respondent No. 1 allowing the appeal filed by the respondent No. 2, and releasing the disputed property in favour of respondent No. 2 under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short as the Act).
(2.) FACTS of the case in brief are that the respondent No. 2 filed application under Section 21(1)(a) of the Act, on the allegation that petitioner is tenant of premises No. 15/226, Civil Lines, Kanpur. Landlady-respondent No. 2 is residing with her father in premises No. 40/109, Parade, Kanpur, along with her two daughters and two sons. The accommodation with her is insufficient and she wants to live in her own house. This application was contested by the petitioner. It was alleged that the landlady had sufficient accommodation in House No. 40/109, Parade, Kanpur and further there are a larger number of properties which belong to the father of respondent No. 2 i.e. House No. 13/392-E, Parade, Kanpur and House Nos. 40/108, 40/109, 40/115, 40/109, 40/116, Parade, Kanpur. House No. 40/104, belongs to respondent No. 2 and in case respondent No. 2 wants to any accommodation she can shift in the aforesaid accommodation.
(3.) RESPONDENT No. 2 denied that she is owner of any property referred to above by the petitioner. They belong, admittedly, to her father. Said accommodations are in occupation of the tenants. As regards House No. 40/104 it was stated that she had only 3/10 share, and the same was also not vacant.;