Prakash Krishna, J. - (1.) RESIDENTIAL premises No. 119/547 Darshan Purwa, Kanpur is the property in question of which the petitioner is the landlord who filed a release application in the year 1983 under section 21(1)(a) of U.P. Act No. 13 of 1972 against the following four different tenants: - - 1. Raja Ram
(2.) SIYA Ram, Sardar Singh,
(3.) KAMLESHWAR The petitioner pleaded in the release application that he has a large family which consists of himself, his wife, Satish Chandra, son aged about 30 years, Harish Chand, son aged about 24 years, Manish Chand, son, aged about 20 years, daughter Kumari Kusum aged about 26 years and mother. The release application was filed in the year 1983 and by now 25 years have gone. It was pleaded that he is residing alongwith his family members in two living rooms adjoining each other and has no kitchen, drawing room etc. and he is sharing common latrine with the tenants. 2. The release application was contested by the tenants principally on the ground that they have no alternative accommodation and they will be thrown on the street if the release application is allowed. The extent of accommodation in the possession of the landlord and his family members was not disputed. The Prescribed Authority by the order dated 25th of September, 1985 found that the landlord has got eight family members and residing in two rooms and there is paucity of accommodation with him and he needs additional accommodation. But it was rejected on the consideration that each of the opposite parties has got not more than two rooms and they will come on street if the release application is allowed. The said order was challenged in appeal by the landlord being Rent Appeal No. 206 of 1985. The appeal was allowed by the Court below on 3rd of February, 1988 against all the tenants except Raja Ram, initially. This was challenged in Writ Petition No. 10941 of 1988 in this Court by Siya Ram, respondent No. 2, herein. The writ petition was allowed on 11th of September, 1990 and the matter was resorted back to the Appellate Court to rehear and redecide the appeal. After remand the matter was reheard. The Appellate Court this time dismissed the appeal by the impugned order against Siya Ram which is under challenge in the present writ petition. 3. Heard the Counsel for the parties and perused the record. 4. A perusal of the release application shows that the landlord was working as Supervisor in the Ordinance Factory in the department of Inspectorate of Armaments and has got some status in life. He has got friends and relatives. It was also stated that he needs at least one drawing room, one provision and store room, one kitchen and three bed rooms vide para 5 of the release application and para 6 of the affidavit accompanying to the release application. His son Satish was graduate at the time of filing of the release application and was employed in Daily Newspaper Daily Jagaran. He has got his own society. The other son Harish Chandra who was carrying on general merchandise business in the shop facing the roadside of premises in question was of the marriageable age at that time. At the time of filing of release application the landlord had got only two rooms adjoining each other and there was no kitchen or separate latrine or drawing room. He was sharing common latrine with other tenants of the building.;