S.D.Agarwal, J. - (1.) This is a petition under Article 226 of the Constitution of India arising out of proceedings for release under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) The property sought to be released is ground floor except one room of premises No. 33, Zeri Road, Allahabad. The respondent No. 3 V. K. Verma is the landlord of the said premises. The petitioners are the tenants. The case of the respondent No. 3 is that he was posted as Chief Flying Instructor at Hind Flying Club, Varanasi. At Varanasi he was staying in an official residence. He was declared medically unfit for his job due to bilateral lenticular capacities in July, 1974 and his services were terminated with effect from 3-10-1974. After termination of service he came to Allahabad in January, 1975, got his son and daughter admitted in schools and obtained a portion of the accommodation as licensee at 23 Mahatma Gandhi Marg, Allahabad, belonging to Shri Maharaj Bahadur Asthana, his relation. His case further was that household goods were stored in the gallery of the accommodation in dispute. He, therefore, sought release on the ground of personal need for residential purposes as well as for carrying on some business therein to earn his livelihood.
(3.) The petitioners denied the allegation made in the said application and further urged that he is carrying on the business of wholesale agency of Bata Shoe Company in the premises in suit and that the residential accommodation available with him is not fit for business purposes and greater hardship would be caused to him in case the property is released. The prescribed authority by judgment dated 29th January 1979 allowed the release application. The petitioners thereafter filed an appeal under Section 22 of the Act. The appeal was dismissed by the II Additional District Judge, Allahabad by his order dated 19th July, 1979. The petitioners have now challenged the order dated 29th January, 1979 and 19th July, 1979 by means of the present petition in this Court.;