KAILASH PRASAD Vs. IVTH ADDITIONAL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) S. U. Khan, J. At the time of hearing no one appeared on behalf of ten ants-respondent Nos. 3 and 4, hence only the arguments of learned Counsel for the petitioner were heard.

(2.) THIS is landlord's writ petition arising out of eviction/release proceed ings initiated by him against respondent Nos. 3 and 4 who are husband and wife 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 P. A. Case No. 3 of 1986. Prescribed Authority, Gorakhpur, through judgment and order dated 17. 4. 1992 rejected the release application. Against the said judgment and order the petitioner landlord filed appeal. Neither in the certified copy nor in typed copy (Annexure-16) of thu. judgment of the Appellate Court, number of the ap peal is mentioned. IVth A. D. J. , Gorakhpur dismissed the appeal through judgment and order dated 19. 4. 1997, hence this writ petition.

(3.) UNFORTUNATELY, during pendency of release application landlord's grand-mother died. Both the Courts below rejected the release application on the ground that basically need set up was for the grand- mother who had died. During pendency of proceedings before Courts below the youngest daughter of the landlord who was aged one year at the time of filing of the release appli cation died but soon thereafter a son was also born by the name of Durgeesh. The Appellate Court has observed that at the time of decision of appeal, ages of the living children of the landlord were in between 10 to 19 years.