ROOP RAM Vs. GEETA RANI

JUDGEMENT

(1.) Heard Sri Sangam Singh, learned counsel for the petitioners-defendants/tenants and Sri Ashish Agrawal, learned counsel for the respondents-plaintiffs/landlords. Facts of the Case

(2.) Briefly stated facts of the present case are that undisputedly the plaintiff-respondent No. 1 is the owner and landlord of the disputed shop of which the petitioner-defendant No. 1 was the tenant and after his death the tenancy was succeeded by his heirs and legal representatives being petitioner Nos. 1/1 to 1/4. The disputed shop situate in Sadar Bazar, Homeganj, Kasba, Pargana and District Auraiya was purchased by the plaintiffs-respondents by a registered sale deed dated 14.11.1990. The release application under Section 21(1)(a) was filed by the plaintiffs-respondents on the ground of bona fide need of the disputed shop for starting business by his adult unemployed son. The said application was registered as P.A. Case No. 04 of 2009 (Smt. Geeta Rani v. Roop Ram) which was allowed by judgment dated 20.11.2014, passed by the Civil Judge (S.D.)/Prescribed Authority, Auraiya. Against the said judgment the petitioners-defendants filed P.A. Appeal No. 04 of 2014 (Roop Ram(dead) v. Smt. Geeta Rani and others) which was dismissed by judgment dated 5.7.2017, passed by the Additional District Judge/F.T.C. No. 1, Auraiya.

(3.) Aggrieved with these judgments the petitioners-defendants have filed this petition under Article 227 of the Constitution of India. Submission of petitioners-Defendants/Tenants