REHANUL HAQ Vs. IMRANUL HAQ

JUDGEMENT

(1.) This writ petition is directed against the order for release under Section 21(1)(a) of U.P. Act 13 of 1972 passed by the Prescribed Authority and affirmed by the Appellate Court.

(2.) Challenging the order passed by the Court below, Smt. Rama Goel 'Bansal' , learned counsel for the petitioner vehemently submits that the building in possession of the petitioner is residential in nature and it could not be vacated for commercial purpose in view of clear prohibition under Clause (ii) of third proviso to S. 21(1) which reads as under:

(3.) She submits that the release application was filed both for residential and commercial need of the landlord. In the release application, the landlord has come out with a plea that brassware business is being run by him in front portion of the building in question for more than 40 years. He purchased it in the year 1995 to use it for commercial purpose. Apart from this, other properties have been purchased by him to accommodate his extending family from time to time and they are using the building in question both for commercial and residential purposes. The landlord has six sons and one daughter. The family of four sons are living in the houses purchased by him. In brassware business which is being run in a room in the building in question, now his two sons have joined and for expansion of his business and to settle his sons during his life time, he needs the premises.