SARYU PRASAD YADAV Vs. RAM CHANDRA BARI

JUDGEMENT

(1.) HEARD Shri A. K. Gupta, learned Counsel for the petitioners.

(2.) NOTICES were issued to the respondent Nos. 1 and 2 on 28. 10. 2006. The office submitted a service report on 18. 12. 2006, informing the Court that neither acknowledgement nor undelivered cover have returned back after service. The Court allowed the petitioners to take steps to serve the respondents by publication in news papers. In compliance thereof, the petitioners have carried out publication in daily newspapers 'dainik Jagran1 published from Allahabad on 21. 2. 2007. The service on respondents is held to be sufficient and the matter was heard.

(3.) THE petitioners purchased the premises in dispute bearing Municipal No. 15 Lajpat Rai Road, New Katra, Allahabad, by registered sale deed dated 20. 12. 1976. Shri Ramesh Chandra Bari-respondent No. 1 was the tenant of a room measuring 12'x10' and a chabutara on the monthly rent of Rs. 20/ -. He was occupying the room as a tenant since before the purchase of the premises. The petitioners filed an application under section 21 (1) (a) of U. P. Urban Buildings (Regulation of Lettmgs, Rent and Eviction) Act, 1972 (in short the Act) on 26. 4. 1996, for release of the premises to settle the three unemployed sons of applicant No. 1 to start business. The applicant No. 1 stated that he had retired on 31. 3. 1987 and that he also wants to do some business from the room in dispute. The need to settle the son of Shri Arjun Prasad Yadav, joint owner of the premises was also set up in the application for release.