The main legal point established in the judgment is the requirement for proper examination of the bona fide need and comparative hardship in a release application.

Sunita Agarwal, J. –

Heard Sri Ashish Kumar Singh, learned counsel for the petitioners, Sri Manish Tandon and Sri Rakesh Pande, learned counsels for the respondents.

2. This writ petition is directed against the release order passed by the lower appellate court in Rent Appeal No. 17 of 2009. The release was filed by Rajaram who was owner of house no. 105-A, Jawahar Square, Meerganj, Allahabad. His heirs were later on substituted as applicants-landlord. They claim absolute ownership to the house no. 105-A, Jawahar Square, Meerganj, Allahabad. The petitioners-opposite parties in the release application are stated to be tenant of one shop on the ground floor of the aforesaid house on monthly rent of Rs. 200/-. It was stated in the release application that the opposite party no. 1 Shanker Lal built a commercial complex namely house no. 528/1, Nehru Nagar, Meerapur, Allahabad, wherein he was carrying on a stove factory at the basement. A portion of the house was also let out at the monthly rent of Rs. 3,000/- to one person. The opposite party no. 2 namely Arjun also built a commercial house no. 153-A, Patel Nagar, Meerapur, Allahabad, wherein he was running a Tabacco factory in the name of 'Sangam Zarda'. A factory in the name of "Lily Icecream" was also being run by the opposite party no. 2 in the same premises. A house no. 69/54, Kucha Rai Ganga Prasad, Kalyani Devi, Allahabad was inherited by the tenants/opposite parties from their father late Pyare Lal.

3. Initially the shop in question was let out to the opposite parties for Gas & Stove business but they have changed the nature of tenancy by doing electric and ornament business therein.

4. The family of late Rajaram the original landlord consists of two sons namely Vidyasagar @ Bachcha (aged about 50 years) and another son Manoj @ Lalla (aged about 40 years) at the time of filing of application. The legal heirs of Rajaram possess only one shop in the side lane of house no. 105-A, Jawahar Square, Meerganj, Allahabad which is approximately "8X6 ft.". Both his sons namely Bachcha and Lalla are doing business from one shop. This apart, two grand sons of Rajaram namely sons of Bachcha are also unemployed and the shop in question is required to settle them.

5. The Prescribed Authority has rejected the release on the ground that the applicants could not establish their need much less bona fide need. They have not disclosed the nature of business which they proposed to do in the shop in question. The averments in the release application are vague and as per the contention therein, one shop is required for three persons. There is no categorical statement as to who needs the shop in question for his business.

6. This apart the opposite parties have contested the release application also on the ground that there are several shops in the same premises in which business in the name of "Sangeeta Kesharwani Jewellers", "Bachcha Prakash Bhandar", "Shiv Enterprises" and "Rahul Enterprises" are being run by the family members of the original landlord namely Rajaram. Vidyasagar @ Bachcha is also doing "Mahajani" business.

7. On comparative hardship, the findings were recorded against the landlord for the reason that the need was not found genuine.

8. In appeal, the Court below has held that there is only one shop of "6X8ft." in possession of the applicant-landlord which exist in house no. 105-A, Jawahar Square, Meerganj, Allahabad. Whereas the opposite parties possess two premises namely House No. 528-A, Nehru Nagar and 103-A, Meerapur, Allahabad wherein their business namely Stove factory, Lily Icecream and Sangam Zarda were being run. One house no. 1538/1049-A has been purchased by the opposite parties in the name of their daughter-in-law Smt. Salini Kesharwani wife of Sri Ranjeet Kesharwani. The sale deed has been brought on record as paper no. 42-C.

9. The findings of the Prescribed Authority in rejecting the release have been set aside and the need set up by the applicants-landlord for one