LAL BAHADUR Vs. A D J ETAH

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS is landlords' writ petition arising out of eviction/release proceed ings initiated by them against tenant respondent No. 2 Munna Lal 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. 5 of 1983. Prescribed Authority/munsif, Etah allowed the release application through judgment and order dated 21. 2. 1987. Against the said judgment and order tenant-respondent No. 2 filed Misc. Appeal No. 9 of 1987. A. D. J. , Etah allowed the appeal through judgment and order dated 30. 5. 1992, set aside the judgment and order of the prescribed authority and rejected the release application of the landlords petitioners, hence this writ petition.

(3.) LOWER Appellate Court also held that mother of the landlords had purchased a big shop and thereafter converted the same into two shops and in one shop one of the landlords applicants, i. e. , Lal Bahadur was doing business hence the other landlord Vijai Bahadur could do business from other shop. Landlords asserted that the said shop was in possession of Ram Murty. LOWER Appellate Court also found that a house was available with the landlords on the ground floor from where Vijai Bahadur could do business.