HARI SHANKAR Vs. VITH ADDL DISTRICT JUDGE AZAMGARH

JUDGEMENT

(1.) S. U. Khan, J. List revised. No one appears for the respondents. Heard Sri K. S. Rathore, learned counsel for the petitioners.

(2.) THIS is landlords' writ petition arising out of eviction/ release proceedings initiated by them against tenants respondent nos. 3,4, and 5 on the ground of bona fide need under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P. A. Case No. 1 of 1994. Property in dispute is a shop, rent of which is Rs. 90/- per month. Prescribed Authority /civil Judge, Azamgarh through judgment and order dated 20. 02. 1996 allowed the release application holding the need of landlords to be bona fide. It was further held that landlords would suffer greater hardship if release was refused than the tenants in case release application was allowed.

(3.) IT was also pleaded that landlords petitioner nos. 2 and 3, Uma Shanker and Vinod were also doing business from a tenanted shop. Lower Appellate Court held that tenanted shop was sufficient for their purpose.