JUDGMENT :

1. This is a tenants’ petition against an order of release passed under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, ‘the Act’) passed concurrently by the two Authorities below.

2. The two petitioners, who are effectively one, are tenants in a shop, situate at Sarrafa Bazar, Aligarh, admeasuring 15 square meters, of which Smt. Prabha Rani, respondent no.1 to this petition, is the landlady. The shop aforesaid is held by the petitioners at a monthly rent of Rs.50/-. The said shop shall hereinafter be called ‘the demised shop’.

3. The facts giving rise to this petition are that Smt. Pratibha Rani, respondent no.1, who shall hereinafter be referred to as the landlady, instituted the present proceedings under Section 21(1)(a) of the Act with the case that she purchased two shops, admeasuring 15 square meters, situate at Sarrafa Bazar, Aligarh, through a registered sale deed dated 31.10.1995. Out of the two shops, the smaller one, which has a door of one meter, is in the occupation of the landlady's husband, Manohar Lal Gupta, who carries on the business of a jeweller therein. The other shop, that has a door of two meters wide, is in the tenancy occupation of the Aligarh Sarrafa Committee since the time of the previous owner and landlord, at the monthly rent, already mentioned hereinabove. It is the said shop, that has already been introduced hereinbefore as the demised shop. The Aligarh Sarrafa Committee, Sarrafa Bazar, Aligarh is a registered body, which has a triennial election and is represented by its Secretary. The Secretary of the aforesaid Sarrafa Committee is responsible for all actions of the Body and is competent to prosecute and defend legal proceedings on its behalf. The Aligarh Sarrafa Committee shall hereinafter be referred to as 'the tenant'. It is the landlady's case that the tenant has a weighbridge (dharamkanta) installed in the demised shop. For the present, the weighbridge is not in use. Every shop in the Sarrafa Bazar is now equipped with electronic weighing machines.

4. The tenant, apart from the demised shop, has another at Rafatganj, located at a short distance from the former. The tenant is the owner of the latter shop, where also a weighbridge is installed. The shop at Rafatganj also by and large remains closed. In addition, the tenant has still another shop, located at a distance of about 20 yards in the Surajbhan Market, Purani Kotwali, Aligarh, where too a weighbridge is installed. Whatever use the tenant has for a weighbridge is sufficiently met by the one that is housed in the shop that the tenant has at the Surajbhan Market. The Surajbhan Market is also part of the Sarrafa Bazar and, therefore, good for the requirements of the tenant. The tenant has one more shop, located near the Pyaun, that is situate opposite Kunji Lal's shop. The said shop is vacant and lying locked. The tenant is the owner of the said shop. Apart from all these three shops, barely 50 yards away from the demised shop, the tenant has a property known as 'Atithi Grih', situate at Purani Kotwali, Sarrafa Bazar. The said property is a mere 50 yards away from the demised shop. This property is a four storeyed building and apart from the occupancy on the ground floor, all floors of the building are lying vacant. The tenant can easily establish its weighbridge in any of these properties. It must be remarked here that the way the landlady has received assistance in the drafting of her application, it appears to be the result of inexperience or poor forensic talent. This Court says so because the first part of the application, in a case under Section 21(1)(a) of the Act, ought to carry pleadings about the landlord/landlady's bona fide need. The pleadings, that have just now been mentioned, seem to refer to the facts that are relevant about the issue of comparative hardship, which should come next after the pleadings related to the bo