SHAMSHUL HASAN Vs. SALEEM KHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Prateek Sinha, Advocate holding brief of Sri Siya Ram Verma, learned counsel for the respondent.

(2.) Petitioner is a tenant of Aahata No.565 Quarter No.3 (565/3), Rail Bazar, Meerpur Cantt., Kanpur Nagar (hereinafter referred to as 'suit property') at Rs.60/- per month. The petitioner has assailed the judgement and order dated 14.12.2017 passed by Prescribed Authority/Civil Judge (Senior Division), Kanpur Nagar allowing the release application instituted by respondent nos.1 and 2 registered as Rent Case No.16 of 2013 (Saleem Khan and Another Vs. Shamshul Hasan) and order dated 06.09.2019 passed by Additional District Judge, Court No.12, Kanpur Nagar dismissing the Rent Appeal No.4 of 2018.

(3.) The respondent nos.1 and 2 being owner and landlord of the suit property filed an application under Section 21 (1)(a) of U.P. Act No.13 of 1972 for release of the suit property. It is stated in the release application that the respondents have purchased the suit property from its erstwhile owner Smt. Akeela Jamal by registered sale deed dated 23.06.2010. It is further averred that family of respondents/landlord is big, details of which have been stated in paragraph 5 of the release application, therefore, suit property is needed for their personal use and occupation. It is also stated in the release application that notice has been sent to the petitioner-tenant for vacating the suit property. The said notice was replied by the petitioner-tenant on 24.07.2012.