K.C. Agrawal, J. - (1.) This is a tenant's writ petition filed against a judgment of the III Additional District Judge, Aligarh dated 26-8-1977 allowing an appeal of the landlords.
(2.) An application under Section 21(1)(a) of U.P. Act No. 13 of 1972 was filed by Sri Anand Bihari Lal, father of Respondents 2/2 to 2/5 and husband of Respondent No. 2/1. The application was founded on the allegations that Anand Bihari Lal had retired from service and that he was previously residing at Brindaban but since he had shifted permanently to Aligarh he wanted to live there with his family. He claimed that house No. 11/70 situated in Mohalla Jaiganj, Aligarh did not have sufficient accommodation and that his family members were facing a lot of difficulty. Anand Bihari Lal had also asserted that one of his sons, Gaur Chandra Sinha was a practising Advocate and a separate room was required for being used by him as his Chamber. The application was contested by the tenant. He denied that any additional accommodation was required by Anand Bihari Lal or his family members. He claimed that accommodation already in his possession was sufficient for his requirement.
(3.) The Prescribed Authority found that the need of the landlord was not bona fide and held that the accommodation in house No. 11/70 Mohalla Jaiganj was sufficient for the purposes of Anand Bihari Lal and his family members who were only 8 in number.;