KANCHAN DEVI AND OTHERS Vs. SAROJ DEVI

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and for the respondent-caveator. This petition by the tenants is directed against concurrent judgments by which both the Courts below have allowed the respondent landlady's application for release under section 21(1)(a) of U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act').

(2.) The respondent-landlord filed an application for release under section 21(1)(a) of the Act against the petitioner tenant inter alia with the allegation that the husband of the landlady alongwith his brother was a tenant of a shop where they were carrying their business of goldsmith since long and which was the only source of income for the family but his landlord instituted a release application No. 17 of 1995 against them which was contested and allowed and subsequently the High Court in Writ Petition No. 16825 of 2003 upheld the release order on 17.4.2003 and granted a year's time to vacate it. It was further alleged that no other vacant shop was available to settle him and their son; the disputed shop which was in the tenancy of the petitioner be released as they are not utilising it. The application was contested on the ground that the landlord has other shops available etc. Both the Courts below allowed the release application.

(3.) It is firstly urged that in the earlier proceedings against the husband of the landlord, the Courts below have recorded and found that the landlord has several shops available where she could shift her business.