RAM SUMRANI Vs. SUBHASH VAISHYA

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. Brief facts of the case are that the Petitioners are tenants of the shop in dispute situate in Bara Bazar, Budaun on monthly rent of Rs. 100/-. The Respondents are the landlords of the shop in dispute.

(2.) It is stated that a release application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 (hereinafter referred to as the U.P. Act No. 13 of 1972) was filed by the Respondents-landlords for release of the shop in dispute under the tenancy of the Petitioners tenants on the ground that Respondent No. 1 is the Doctor and is wife is also a Doctor; that they are running Subhash Nursing Home at Shyam Nagar, Budaun and that his son Dr. Salabh Vaishya who was doing his IInd year MBBS Course from King George Medical College, Lucknow after his graduation will start his own medical profession from the shop in dispute along with nephew of the Respondents-landlords. It was also stated in the release application that after the death of Ram Swaroop, the shop in dispute is lying vacant and rent is due from 1988.

(3.) The release application was contested by the tenants by filing written statement denying the averments made therein.