RATAN KUMAR Vs. IIIRD ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order of the prescribed authority dated 23-6-1981 rejecting the application filed by the petitioners for release of the disputed ac commodation and the order of the appel late authority dated 11- 8-1983 affirming the said order in appeal.

(2.) THE petitioners filed application under Section 21 (l) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) against respondent No. 3 with the allega tions that he is their tenant of the premises in dispute. THEy alleged that Basdev Prasad, their grand-father, was owner of the property. A partition took place on 1-10-1962 between the members of the family and the disputed house No. 74 Mohtasimganj fell into his share. Basdev Prasad and his wife executed a registered Will in favour of the petitioners on 19-9-1972. Basdev Prasad died in the year 1972 and his wife died on 25-1-1978. THE release application was filed on 1-5-1978. THEy urged that they needed the disputed house for residential purpose as in their family there were nine members and the accommodation with them in house No. 85 Zero Road consists of one room, one verandah and other common amenities.

(3.) TIJJO Devi died on 25-1-1978. The petitioners had also filed a rent receipt dated 9th February, 1978 showing that the petitioners were owners of the property. Even otherwise the person who succeeds the property will succeed the rights of the erstwhile owner and landlord. The appel late authority has already recorded a find ing that the need of the petitioners is bona fide and genuine and they would suffer a greater hardship in case their application is rejected.