AIZAZ NABI AND 3 OTHERS Vs. ABDUL HAI

JUDGEMENT

(1.) By means of the present petition, the petitioner is challenging the orders of release passed by the Courts below in a proceedings under Sec. 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act No.13 of 1972 (hereinafter referred to as the 'Act'). The release application was filed in the year 2008 for the need set up by the landlord therein with regard to the residential accommodation under tenancy of the petitioner.

(2.) In paragraph 2 of the release application, it was categorically stated that the landlord possess only three rooms in Premises No. 40/159, Maida Bazar, Kanpur Nagar which are lying on three different floors of the said premises. The total number of family members of the landlord have been described in paragraph 3 of the release application consisting of his four married sons, their children, landlord himself and his wife.

(3.) It was also stated in paragraph 5 of the release application that the opposite parties are co-owners of House No. 40/159 Maida Bazar, Kanpur Nagar and own ⅓ share in the said house. They are also owners of another house bearing Municipal No.45/105 Nai Sarak, Kanpur Nagar. They can conveniently shift in their residential house after settlement of this dispute.