M.P. Saxena, J. - (1.) This is a tenant's petition arising out of proceedings under section 21(1)(a) of the U.P. Act No. 13 of 1972.
(2.) Smt. Imtiazi Begum, opposite party No. 3, is the landlady of house No. 204 Mohalla Kothi Atanas in the city of Meerut. Smt. Mahfoozan and her three sons, namely, Amir Hasan, Ibne Hasan and Iqbal Hasan, petitioners, are tenants of the ground floor of this building on a monthly rent of Rs. 15/. The first floor is in possession of the landlady. The latter moved an application under section 21(1)(a) of the said Act for release of the ground floor on the allegations that she is a heart patient and the doctors have advised her to avoid the strain of going upstairs.
(3.) The application was resisted by the petitioners on the ground that the landlady had no bona fide need for the dispute accommodation as she was living in Baragaon with her husband and certain tenants were occupying the first floor in this house. It was further alleged that she wanted to enhance rent and as they did not agree to it the application for release was moved. The landlady had moved a similar application in 1969 which was rejected on 28.10.1969.;