S.C. Mathur, J. - (1.) This petition, under Article 226 of the Constitution of India, Is by tenants of a kothari in a house owned by Ram Kishore Gupta, Opposite Party No. 1.
(2.) Ram Kishore Gupta, Opposite Party No. 1, filed an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against the petitioners pleading that the aforesaid kothari was required by him for establishing his son in kirana business. It was stated that the said son had passed B. Com. examination and was without any employment.
(3.) The application was contested by the petitioners who asserted that the son of the landlord was already engaged in business with other members of the family and, therefore, the plea set up by the landlord was not bona fide or genuine. It was further pleaded that the kothari in question had been let out to the petitioners for manufacturing purposes and therefore they were entitled to six months' notice under Section 206 of the Transfer of Property Act. The last defence of the petitioners was that the Opposite Party No. 1 was not the sole landlord of the accommodation in question and therefore the application at his instance alone was not maintainable.;