DURGA PRASAD MAHABIR PRASAD Vs. DISTRICT JUDGE, GHAZIPUR

JUDGEMENT

(1.) COMMON questions of facts and law arising, the two writ petitions are being disposed of by a common judgment. The original land-lady the respondent No. 2 in both the petitions, Smt. Ram Bitto (now dead) represented by her legal representatives 2/1 to 2/6, filed two release applications under Section 21(1)(a) of Act 13 of 1972 for release of shop No. 18/1, Mohalla Vaid, Toli Ghazipur in the tenancy of M/s. Durga Prasad Mahabir Prasad, the petitioner in Writ Petition No. 11263 of 1981 and of shop No. 18/2, Vaid Toli, Ghazipur in the tenancy of Chhangur Mian, the petitioner in Writ Petition No. 8889 of 1992. The ground for release was that the landlady bonafide requires the two shops for setting up business for two of her sons who were unemployed. The application was contested by the two petitioner-tenants who denied the bonafide need of the landlady and her sons and also pleaded greater hardship to them in the event of the release being allowed. The prescribed authority rejected both release applications by his orders dated 4.3.1981 against which landlady preferred two separate appeals. The appeal in the matter of shop No. 18/1 was allowed by the appellate authority by his judgment and order dated 7.9.1981 while the appeal in respect of shop No. 18/2 was allowed by the appellate authority on 26.11.1981. In both the appeals the appellate authority held the need set up by the landlady to be bonafide and pressing. On the question of comparative hardship also, they found in favour of the landlady and allowed the release of the two shops.

(2.) LEARNED counsel for the petitioners have been heard in both the writ petitions whereas none has appeared on behalf of respondents. The record has also been perused.

(3.) THE main thrust of the contention on behalf of the writ petitioners by the respective learned counsel, however, is that during the pendency of this litigation, certain new facts have come into existence which go to indicate that the need set up by the land-lady has been fully satisfied and as such the order of release becomes unsustainable.