M.P. Singh, J. - (1.) THE petitioners are the tenants of the shop situate in Bartan Bazar, Moradabad at the rate of Rs. 3550 per month. Respondent No. 3 is the landlord. An application under Section 21 of U.P. Act No. XIII of 1972 was filed by respondent No. 3 setting up his bona fide need.
(2.) IT was stated that the ground floor of the building was in his possession where his sons doing utensils business. The first floor accommodation and the part of the second floor accommodation was under the tenancy of the petitioners and they also used to do utensils business from the accommodation. Daulat Ram died and the petitioners being his heirs became the tenants. The landlord further asserted that he was a partner is Zainco Traders but was not pulling on well with the other partners. He wanted to set up his own independent business after severing his relationship with the partners. It was further pleaded that the present petitioners did not do any business from the accommodation which remains locked and is vacant. They own a very good building in Harpal Nagar, Moradabad This building is known as Daulat vila from where they are carrying on their business. The present petitioners now have settled at Delhi and have the business in Sadar Bazar, Delhi.
(3.) THE release application was contested by the petitioner on the ground that Daulat Ram their father used to carry on business of utensils, from the said premises. The petitioners on attaining the age started export business. On account of paucity of the accommodation they expanded their business and also took a show -room at Delhi. Daulat Ram alone used to reside in Delhi looking after the show -room. The peculiar defence taken up by the petitioners was that in case the release application is allowed then that will result into great loss of foreign exchange to the nation itself.;