M.P. Saxena, J. - (1.) This is a tenant's petition arising out of proceedings under section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the Act).
(2.) Smt. Basanti Devi, opposite party No. 1 is the owner and landlady of house No. 67/30 Daulatganj, Kanpur. It consists of the ground floor, first floor, second floor and the third floor. The landlady occupies the first floor while the entire ground floor, second floor and the third floor were occupied by the petitioner and his brother Jagannath Gupta as tenants. The landlady moved an application under section 21 of the Act for release of the tenanted portion on the ground of her bona fide need. According to her, she has become old and has no male issue. She has got her daughter's son to look after her and has also performed his marriage. She has executed a will in his favour in respect of her entire property. She, therefore, gave out that she needed additional accommodation for her daughter's son and his wife. She also claimed the benefit of Explanation (iv) to Section 21(1)(a) of the Act, as it existed, at that time. Jagannath Gupta, brother of the petitioner, did not put in his appearance before the Prescribed Authority. The application was contested by the petitioner alone mainly on the grounds that she has no bona fide need ; that Explanation (iv) is not applicable to the case and that the portion in possession of the landlady is quite sufficient to meet her requirements.
(3.) After going through the material on the record the learned Prescribed Authority came to the conclusion that Explanation (iv) to Section 21 of the Act is applicable to the facts of the case and as such the landlord is entitled to the benefit of this Explanation. Accordingly the release application was allowed.;