Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 19.11.1997 passed by the prescribed authority respondent No. 2, whereby it allowed the application of respondent No. 3 under Section 21 of U. P. Urban Buildings [Regulation of Letting, Rent and Eviction) Act. 1972 (in short referred to as the Act), releasing the disputed accommodation in favour of respondent No. 3. and the order dated 26.5.1998 passed by IVth Additional District Judge, Mathura, respondent No. 1 affirming the aforesaid order in appeal.
(2.) The facts of the case in brief are that petitioner is tenant of premises, the old number of which is 168 and new number is 216. The premises in question is situated at Dalpat Khirki, Holi Wall Gali, Mathura. Respondent No. 3 filed application for release of this accommodation on 27.1.1994 on the allegation that the accommodation in dispute was let out to the petitioner on monthly rent of Rs. 250 per month at the time when he was 20 years of age and he was not married. He was married four years ago. He was residing with his parents in the house situated in Dempeer Nagar. Mathura, which belonged to his mother. In that house, there are four rooms. one kitchen, latrine, bathroom. His parents have three sons, namely, Rajendra Kumar Lakchman Prasad, respondent No. 3 and Dharmendra, Rajendra Kumar is married and he has also two children. The accommodation in that house is not sufficient for the members of three families (sic) has also three sisters and though they have been married but they often come to live in that house at Dempeer Nagar, which is not sufficient accommodation. Further some quarrel took place between the members which disturbed the peace of families. It was stated that the tenant-petitioner has his own house in Nagla Bhutlya. His two sons have got house in Krishnapurl, Mathura. His two sons are carrying on business at Delhi and constructed house in Dempeer Nagar. The tenant has also a big shop in front of the disputed accommodation. The tenant has recently purchased house in Mohalla Antapra, Mathura.
(3.) The petitioner contested the application. It was admitted by him that he is tenant of landlord-respondent No. 3. It was, however, denied that the need of landlord was bona fide. It has stated that he was living in house in Dempeer Nagar. His brother Rajendra Prasad is not residing in house situated at Dempeer Nagar. "Dharmendra Kumar, another brother of the landlord is mentally retarded. The landlord is living jointly with parents in joint family.;