JUDGMENT

R.L. Gulati, J. - The petitioner is a tenant of the ground floor of house No. 6, Jai Narain Road, Hussainganj, Lucknow, of which the third respondent, J.N. Kesarwani, is the landlord. The first floor of that house was in the tenancy of the petitioner's father-in-law Sri Bhagwati Prasad. Shri Bhagwati Prasad vacated to accommodation in his tenancy. Thereupon the petitioner applied for its allotment to him and the landlord also applied for its release in his favour on the ground that he needed the house for his personal occupation. It was alleged on behalf of the petitioner that there was a common passage and latrine in the ground floor where he was living and the accommodation which had fallen vacant, and that the accommodation in his tenancy was too small for his growing family. The landlord, on the other hand, contended that previously his family was living in the ancestral house in Bhusa Mandi, which he had sold to raise funds for the marriage of his sister and that since then his family was living in two tenanted houses. The Rent Control and Eviction Officer rejected the application for release and allotted the accommodation in dispute to the petitioner on the ground tha