VIVEK KUMAR BIRLA,J. - (1.) Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner and perused the record.
(2.) Present petition has been filed for setting aside the judgement and order dated 30.5.2016 passed by the Prescribed Authority/JSCC Court in Rent Case No. 22 of 2012 (Ram Lakhan Singh v. De Asre Shukla) and also sent aside the judgement and order dated 23.5.2018 passed by the Additional District Judge, Court No. 24 in Rent Appeal No. 72 of 2016 (Dev Asre Shukla v. Ram Lakhan Singh (dead).
(3.) By the impugned judgement and order dated 30.5.2016, the prescribed authority has allowed the release application filed by the landlord (respondent herein) under Section 21(1)(a) of the UP Act 13 of 1972 holding that the need of the landlord is bona fide. The aforesaid judgement was upheld in appeal by the lower appellate Court. The release application was filed on the ground that the landlord has purchased the property in question being house no. 119/172 old and new house no. 119/393-A Om Nagar, Darshanpurwa, District Kanpur Nagar by registered sale deed dated 23.11.2003; the house in question is old and the rent control Act is applicable; the defendant (petitioner herein) is tenant of one room, varandah and common latrine on first floor on a monthly rent of Rs. 14.00, which includes water and sewerage taxes; the tenant is living alone and is doing private service and is making payment of rent and is vacating the premises. It was claimed that the landlord in his family has himself, wife, one son aged about 30 years and two daughters aged about 27 and 24 years and they have no other residential accommodation within the limits of Kanpur Nagar and landlord is living on the ground floor with two rooms, one kitchen and latrine bathroom, which is sufficient to meet out his personal requirement. It was further pointed out that that son of the landlord has started legal practice and therefore, more space is required apart from the space required for his personal use.;