M.P. Saxena, J. - (1.) This is a landlay's petition arising out of proceedings under section 21 of the U.P. Act No. 13 of 1972 (hereinafter called the Act).
(2.) The petitioner is the owner of House No. 5/114 old Kanpur in the town of Kanpur.
(3.) She was a resident of village Teera Tehsil Derapur in the same district and her husband was employed in the Army. In view of her husband's retirement she purchased the said house in October 1971 for her own occupation and at that time got possession over one room and one Kothri. On 13.11.72 her husband retired from the Army Service and she along with her husband and other members of the family came to Kanpur to live in the disputed house. At that time four tenants including opposite party No. 1 were living in four different portions of this house. On the request of the petitioner three of the tenants vacated their respective tenements and an application for its release under section 16(l) (b) of the Act was moved before the Rent Control and Eviction Officer, Kanpur. The opposite party No. 1 was also requested to vacate as the petitioner had bona fide need for that portion but he refused to do so. The opposite party No. 1 occupied only two small rooms. On 2.4.1973 the petitioner moved an application under section 21 of the Act for release of the portion in possession of opposite party No. 1 on the ground of bona fide need alleging that her family consisted of seven members and the accommodation in her possession comprised of two shall rooms, three Kothris and one kitchen with common amenities. She also claimed the benefit of Explanations (ii) and (iv) to section 21 of the Act as they existed at that time. The benefit of Explanation (ii) was claimed on the ground that her husband was in Army Service, away from the city of Kanpur, and by reason of retirement had come down to live with her. The benefit of Explanation (iv) was claimed on the ground that she was already in possession of one room and one kitchen with common amenities and had moved release application in respect of three Kothris which were also likely to be released in her favour.;