K.C Agarwal. J. - (1.) This writ petition is directed against an order of the IV Additional District Judge, Moradabad dated 20th May, 1975 dismissing the appeal filed by the landlords under section 22 of the U.P. Urban Buildings (Regulation of letting Rent and Eviction) Act (Act No XIII of 1972) (hereinafter referred to as Act No. XIII of 1972).
(2.) The facts which led to the filing of the present writ petition, briefly stated are these : House No. 25-C-2 Mohalla Asalatpura, Moradabad belonged to late Haji Karim Bux. It was a double storeyed building, of which the ground floor had been let out to Haji Ramzani, respondent no. 1 Haji Karim Bux died in the year 1947. He had three sons, namely Nazir Ahmad, Fida Husain and Mahammad Husain. The aforesaid house was partitioned amongst the three sons, through a registered partition, deed dated 14.10.1973. As a result of the partition, the house was divided into three portions. The three portions were shown by three different colours The portions of the house which came to the share of different, owners have been depicted by three colours in the map filed before the Prescribed Authority. The portion shown by violet colour in the said map came to the share of Nazir Alimad and his heirs. The petitioners nos. 1 to 7 are the heirs of Nazir Ahmad. The portion shown by pink colour was given to Fida Husain and his heirs. The heirs of Fida Husain are petitioners nos. 8 to 10. The last portion was shown by blue colour and had been given to Mohammad Husain and his heirs. Mohammad Husain himself is one of the petitioners. The portion shown by pink colour was owned by Smt. Ghafooran and her two daughters, Namely, Smt. Sabira Khatoon and Smt. Ahmadi Khatoon. After the partition of the house in three portions, the tenancy of Haji Ramjani was also divided into three parts. Consequent upon the bifurcation of tenancy, Haji Ramjani started paying rent of Rs. 20/- per month to each set.
(3.) On 15-2-1973, a joint application was filed by all the three sets under section 21(l)(a) of U.P. Act No. XIII of 1972 against Haji Ramzani for the release of the ground floor, which was in his occupation on the ground that the same was required by the members of the families of the three sets for their use and occupation. The landlords alleged that the accommodation in their occupation was insufficient and that they required additional accommodation for their residence.;