Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record. The affidavit of service has been deemed sufficient by order dated 4.5.2007 as no one has put in appearance inspite of service by publication.
(2.) LEARNED Counsel for the petitioner submits that petitioners are owner and landlord of premises No. 441 -A (old), 178 (new) Meerganj, Allahabad. An application under section 21(1) was filed by landlord on 6.2.1997 on the ground that the house in dispute was bona fide need for setting up his son Anil Kumar in the business of maida and suji. It was averred therein that there was a partition in the family on 5.7.1983, by virtue of which premises of 141 -A Meerganj, Allahabad came into exclusive share of the petitioners and that the rent was also paid by the tenants to the landlords. It was further stated that the tenant had two other alternative accommodations situated at 608 Mutthiganj and 54 Mutthiganj consisting of various vacant commercial accommodations.
(3.) LEARNED Counsel for the petitioner further submitted that the written statement was filed by the tenant denying the averments made in the release with regard to partition between the landlords and that Anil Kumar, was doing business with Sri Ram Babu in the name and style of Sangam Bhandar. The tenant came up with the case that need of landlord was not bona fide. It was the case of the respondents by landlord that there was registered partition deed dated 5.7.1983 and by virtue of that deed Sri Ram Babu had purchased the share of his brother and mother and is running a business in the name and styled of Sangam Bhandar exclusively in his portion which is numbered as Home No. 141 -B Meerganj Allahabad and that 424 -A, Malviya Nagar is residential house of landlord, which is evident from Annexure -3 to the writ petition.;