- (1.) The instant petition under Article 227 of the Constitution has been filed assailing the judgement dated 3.3.2017 passed by Additional District Judge/Special Judge (EC Act), Varanasi in Rent Appeal No.4 of 2014 and the judgement dated 11.12.2013 by Prescribed Authority in P.A. Case No. 45 of 2012. A release application under Section 21(1)(a) of the U.P. Act No.13 of 1972 (for short 'the Act') was filed by the respondents (hereinafter referred to as 'landlords') against the petitioners (for short 'the tenants') seeking release of a non-residential premises in their possession comprising of first, second and third floor of building bearing Municipal No. CK-19/17 Aash Bhairoo (Bara Muniruddaula), Ward- Chowk, Varanasi City. It was registered as P.A. Case No.45 of 2012. According to the case set up in the release application, the building in which the petitioners were tenant, was purchased by petitioner no.1 along with his two brothers by registered sale deed dated 28.10.1998. In Original Suit No.1263 of 2008 between the owners, a partition took place, according to which building No. CK-19/17, i.e., the disputed building fell in the share of the applicants/landlords. Their specific case in the release application was that they also own a residential building bearing Municipal No.D47/44 Rampura, Varanasi. They have in their possession a shop on the ground floor of the same building. The need set up in the release application was for starting their traditional business of silver and gold ornaments. It was alleged that earlier applicant No.1 was doing said family business jointly with their brothers, but after partition, they have been left with no place to do the said business. The three sons of applicant, all of whom are married, are left with no business.
(2.) The release application was contested by the petitioners by filing a written statement and apart from denying that the need of the landlord is bonafide, the petitioners inter alia took specific plea that the landlords have purchased house no.C-8/75 mohalla Chetganj, Varanasi. The said house is located on the main Lahurabir-Godowlia Road, which is commercial area and that the sons of the landlord are already doing business in the said building but which was concealed by them.
(3.) The Prescribed Authority allowed the release application by judgement and order dated 11.12.2013 holding need of the landlord as genuine and bonafide. The Prescribed Authority also held that the petitioners are already having adjoining building in their possession, from which also they are doing business, as such, comparative hardship of the landlords was found to be more as compared to the tenants. Aggrieved by the said order, petitioners filed Rent Appeal No.4 of 2014 which has been dismissed by the appellate court by judgement dated 3.3.2017 and consequently the instant petition.;