ASHOK KUMAR CHAUDHARY Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution the petitioners have prayed for quashing the judgment and order of the Appellate Authority dated 21.1.1980 and judgment and order of the Prescribed Authority dated 6.1.1978 passed under the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (briefly the Act).

(2.) THE petitioners are owners of building No. 132, Hewett Road, Allahabad which they purchased on 19.12.1970 for a sum of Rs. 80,000/-. Two rooms in the from portion of his building were in the tenancy of M/s. Shiv Dutt'a sons and four rooms, one courtyard, one lavatory and one bath room in the tenancy of M/s. Srivastava Binding Works, respondent No. 3, at a rental of Rs. 65/- per month since before the purchase of the building by the petitioners. The remaining portion of the ground floor and the upper storeys were in the occupation of the petitioners and it was said that the accommodation was being used for residential purposes.

(3.) THE tenant (respondent No. 3) contested the release application on various grounds. It contended that the accommodation in question was small in size and was not at all sufficient for the purpose of establishing a nut and bolt factory. The petitioners owned a big plot in the industrial area at Naini, which was suited for establishing the factory. The petitioner had already established the factory at Naini. It has no other place for shifting the business of book binding which was being carried on in the accommodation in question. The need of the petitioners to have the accommodation in question was not genuine.