M.P. Saxena, J. - (1.) This is a tenant's petition arising out of the proceedings under section 21 of the U.P. Act No. XIII of 1972, herein-after called the Act.
(2.) Mishri Lal, opposite party No. 3, is the owner of house No. 584/A, Mutthi Ganj in the town of Allahabad. A portion of this house was in the tenancy of Basant Lal, petitioner, and the remaining portion was alleged to be in the occupation of opposite party No. 3 for residential purposes. He moved an application for release of the portion in possession of the tenant- petitioner on the ground that he bona fide required it for residential purposes as well as for carrying on grain business. He also gave out that Basant Lal had no concern with the disputed building but had placed it in possession of his brother in order to make illegal gains. According to him", Basant Lal was doing business in Kydganj and was living in a house in Sunderganj. He was also in possession of one more building. 'therefore, he had no need for the disputed building. On the other hand, he asserted his need to be bona tide and pressing. The benefit of Explanation (iv) of Section 21(l) of the Act also appears to have been claimed.
(3.) Basant Lal contested that application, inter alia, on the grounds that he himself is doing parchun business in the disputed building and it is the only source of his livelihood. He denied that his brother is carrying on business in it. As regards the other premises in his possession, he admitted that his family resides in Kydganj but on account of increase in the number of members of the family, he had to take one more small house. He further stated that the building in dispute is being used for business purposes and Explanation (iv) is not applicable.;