VIVEK KUMAR BIRLA,J. - (1.) Heard Sri Manish Tandon, learned counsel appearing for the petitioners and Sri Atul Dayal alongwith Sri Anil Kumar, learned counsel appearing for the caveator landlord respondent. Sri Dayal has filed his Vakalatnama on behalf of the landlord respondent today, which is taken on record.
(2.) Present petition has been filed for setting aside the impugned order dated 30.5.2018 passed by the Additional District Judge, Court No. 14, Kanpur Nagar in Rent Appeal No. 43/2017 and also judgment and order dated 16.8.2017 passed by the Prescribed Authority/Civil Judge (S.D.) Kanpur Nagar in Rent Case No. 35/2012, Vimal Kishore Nigam v. Ayodhya Prasad Gupta and others.
(3.) The release application filed under Section 21 (1) (a) of U.P. Act 13 of 1972 was filed by the landlord for his personal need with regard to House No. 2/269, Naubatganj Peshwanagar, Kasba Bithur, district Kanpur Nagar on the ground that he is living with his brother at a different address being House No. 109/409, Nehru Nagar, Kanpur which is his ancestral house and has now come in the share of his brother and and his brother and his family consisting of himself, his wife and three sons are living in two rooms and one tin shed and the landlord is living with them in a room of 6 x 8 feet size and as such he has personal need of the tenanted house. It was stated that the landlord had a tin shed only in the tenanted accommodation in his possession which is not sufficient and thus the tenanted accommodation is required for his personal need. It was further claimed that the tenant has his own house as described in paragraph 8 of the plaint and as such he can easily shift to the same and the tenanted accommodation can be released.;