LAWS(ALL)-2008-8-338

LARAITI DEVI AND OTHERS Vs. SHAKUNTALA DEVI

Decided On August 27, 2008
Laraiti Devi and others Appellant
V/S
SHAKUNTALA DEVI Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners as well as Sri Pankaj Naqvi, learned Counsel for the landlady respondent, who has appeared through caveat.

(2.) THIS is tenants' writ petition arising out of eviction/release proceedings initiated by landlady respondent 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. 35 of 1996. Prescribed Authority/J.S.C.C., Bareilly allowed the release application through judgment and order dated 13.2.2003. Against said judgment and order, petitioners filed R.C. Appeal No. 4 of 2003, which was dismissed on 17.5.2008 by A.D.J./Special Judge, E.G. Act, Bareilly, hence this writ petition.

(3.) TENANTS filed written statement and pleaded that landlady had an­other house constructed over an area of 100 square yards and had another plot of 200 square yards. It was further pleaded that Mukesh eldest son of the land­lady was residing in Town Bunda, District Shahjahanpur alongwith his fam­ily and was doing business there.