M.P. Saxena, J. - (1.) This is a tenant's petition arising out of proceedings under section 21(l)(a) of U.P. Act XIII of 1972.
(2.) Smt. Pushpa Devi, opposite party No. 2 is the owner of building situate at J.P. Road in the city of Pilibbit. The ground floor is in occupation of the husband and eldest son of opposite party No. 2. On the first floor there is a shop constructed in 1964 which was let out to the petitioner on 15-8-1966 at Rs. 32/- per month. The landlady applied for release of this shop on the ground that her husband is a medical practitioner and carries on his work on the ground floor. Her eldest son, Anil Kumar, has started business as a druggist and chemist. The shop on the ground floor does not have sufficient space for storing medicines and the disputed shop is bona fide and genuinely required for that purpose. It was also asserted that her husband is an eye specialist and requires dark room. This purpose cannot be fulfilled by the accommodation on the ground floor.
(3.) The tenant contested that application, inter alia, on the grounds that the landlady has no genuine need, that there is sufficient accommodation on the ground floor for various purposes alleged by her and that he will suffer greater hardship if the application for release is allowed than will be caused to the landlord by the rejection of his application.;