S.D.AGARWALA, J. - (1.) THIS is a petition under Article 226 of the Constitution of India, arising out of the proceedings under Sections 21(1)(a) and (b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) THE property in dispute is premises No. 13/321, Mamu Bhanja, Aligarh. The petitioner is occupying a portion of the said building consisting of two rooms, kitchen, bath-room, latrine and store etc. on the ground floor. Chandra Prakash, the petitioner, is a tenant of the premises. Dr. Himanshu Garg and Dr. Sudhanshu Garg, respondent Nos. 3 and 4, are the landlords. An application was made for release both under Section 21(1)(a) as well as under Section 21(1)(b) of the Act. It was alleged in the application that the building originally belonged to one Smt. Angoori Devi, who was the grandmother of the landlords. A Will dated 17th May, 1975, was executed by her in their favour. Smt. Angoori Devi died on 16th May, 1979, and consequently, the respondent Nos. 3 and 4 became the owners and landlords of the premises in question after her death.
(3.) WHEN the application was moved Dr. Himanshu Garg had passed his M.B.B.S. Examination and had completed his internship period and was doing a house job in the Jawaharlal Nehru Hospital of the Aligarh University. The second landlord, Dr. Sudhanshu Garg, is the younger brother was a student of third year in the M.B.B.S. in the same Medical College. Both of them were not married at that time. It is now not disputed that both have completed their medical education and both are married. The wives of both the landlords are also doctors.;