RAJJAN VERMA Vs. SANTOSH DUBEY

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri Santosh Kumar, learned counsel appearing for the respondents.

(2.) By the impugned order dated 14.1.2016 the release application filed by the landlord under Sec. 21 (1) (a) of U.P. Act No. 13 of 1972 was allowed. The appeal filed against the same by the tenant-petitioner herein was dismissed by the lower appellate court vide judgment dated 17.2018.

(3.) The release application was filed on the ground that the landlord has a large family consisting of 10 members and his one married daughter is also living with them. The details of the family members have been given in paragraph 4 of the release application. Apart from the need expressed, it was specifically asserted that one son of the landlord due to space problem had to shift to the village. Earlier his children were receiving education in Kanpur but due to lack of proper space they had to shift to the village. The applicants no. 1 and 2 are old persons and need space on the ground floor. It was also asserted that due to large number of family members at least four rooms, two store rooms, and one kitchen are required. Regarding the tenant petitioners it was also asserted that they have their own house in Kanpur Nagar and they can shift to the same.