S. U. Khan, J. - (1.) HEARD learned counsel for the petitioner as well as learned counsel for the landlords respondents who appeared through caveat.
(2.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 2 Smt. Nafisa Begum on the ground of bona fide need under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Rent Case No. 29 of 2002. Prescribed Authority/A.C.J. (J.D.) Court No. 1, Kanpur Nagar through judgment and order dated 5.3.2005 dismissed the release application. Against the said judgment and order landlady respondent No. 2 filed Rent Appeal No. 27 of 2005. A.D.J. Court No. 5 Kanpur Nagar through judgment and order dated 21.5.2008 allowed the appeal, set aside the order passed by the Prescribed Authority and allowed the release application of the landlord. THIS writ petition is directed against the aforesaid judgment/order of the appellate court. Property in dispute is a shop having two portions/rooms/Khans one in the front and the other at the back. Rate of rent is Rs. 550 per month. Landlady stated that she had following sons : 1. Mohd. Iqbal (32 years) 2. Mohd. Shahid (30 years) 3. Mohd. Zakir (26 years) 4. Mohd. Mehfooz (24 years) 5. Mohd. Mehraz (22 years) 6. Mohd. Shakir (20 years) 7. Mohd. Mahmood (16 years) 8. Mohd. Shahnawaz (14 years) It was further stated that eldest son Mohd. Iqbal was running a P.C.O. in a shop near the shop in dispute and he (Mohd. Iqbal) was also Secretary of a fair price shop run by a cooperative society in another area of same city Kanpur.
(3.) IT was further stated that apart from Mohd. Iqbal all other sons as well as husband of the landlady were unemployed and entire family was dependent upon the income of Mohd. Iqbal and she was unable to marry off her other sons as they were not earning. Landlady alleged that she wanted to settle her three sons in business in the shop in dispute, i.e., Shahid, Nasir and Mohd. Zakir. IT was also stated that the fair price shop of the cooperative society was situate in a narrow land of about four feet. Landlady also asserted that tenant was doing business from site No. 1 Renue Bazar, Kanpur Nagar and possessed other commercial accommodation also. Tenant pleaded that landlady possessed other building. Prescribed Authority had held that even though the three sons of landlady for whose need shop was to be released were not having any shop still they had become major in the year 1993 when her husband constructed eight shops in the property No. 40/41. However, none of the aforesaid sons was settled in any of those shops and the shops were let out to other tenants.;