D.P.SINGH,J. - (1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel.
(2.) THIS petition is directed against a appellate order dated 8.3.2007 set­ting aside the order of release passed by the Judge Small Causes Courts and rejecting the application moved on behalf of the petitioner. The respondent-tenants are in occupation of House No. 115 situate at Mohalla Vaidraj in Jhansi as tenants at the rate of Rs. 35/- per month and the petitioner is the sold landlord thereof. The petitioner made an application un­der section 21 (1) (a) and 21 (1) (b) of U.P. Act No. 13 of 1972 before the Judge Small Causes Courts for release of the house in dispute. The case set up was that the petitioner was doing his M.D. in Russia and required the disputed accommodation for his residence on his return and also as he was about to get married. It was further stated that at the moment the accommodation in which he is residing with his mother and sister, being House No. 47 Chaturyana in Jhansi, was not sufficient for him as his mother and sister were running a convent school for their livelihood. It was further asserted that the disputed premises were in dilapidated condition and thus, the petitioner requires it after reconstruction for which he has sufficient funds.
(3.) THE tenant-respondents contested the said application on the ground that the petitioner had sufficient accommodation in House No. 47 and the dis­puted constructions were not in dilapidated condition.;