- (1.) The dispute in this petition relates to house No. 90/A, Abott Road, Lucknow. The petitioner claims to be the tenant of the said accommodation since 1928. Opposite Party No. 3 moved an application under Section 21 of Act, XIII of 1972, for the release of the said accommodation in his favour and for the ejectment of the tenant. The case of the landlord is that the accommodation in dispute was allotted to him in a family partition and that the petitioner was a tenant of the said accommodation at a monthly rent of Rs. 17.50. The case of opposite party No. 3 is that he was living in the house of his sister's son and since the relation is between him and his nephew were strained he had to shift temporarily to the house of his friends. It was submitted on behalf of the landlord that his need for the accommodation in dispute is bonafide.
(2.) The application for release was challenged by the tenant on a number of grounds. The Prescribed Authority held that the need of the landlord was bonafide and his requirement in respect of the accommodation in dispute was genuine. The application for release was, accordingly allowed. Against the said order, the tenant preferred an appeal before the District Judge which was dismissed. He preferred a petition under Article 226 of the Constitution of India in this Court. The petition was allowed and the case was remanded to the District Judge, Lucknow to decide it after comparing the needs of the landlord and the tenant and in the light of the provisions of U.P. Act, XXVIII of 1976. The learned Additional District Judge, Lucknow by order dated 10.1.1978 after considering the respective needs of the landlord and the tenant dismissed the appeal. The petitioner aggrieved by the order of the learned District Judge, referred to above, filed the present petition under Article 226 of the Constitution of India.
(3.) From a perusal of the order passed by the learned Additional District Judge, it appears that there are six members in the family of the landlord and there are 16 members in the family of the tenant. It also appears that the family of the tenant is in affluent circumstances and most of the members of the family are earning members.;