MOHD AKIL KHAN Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) THIS petition has been filed by the heirs of the original tenant for setting aside the order of the Prescribed Authority by which the application filed by the landlord under section 21 (l) (a) of the U. P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') for eviction of the tenant from the premises in dispute on the ground that the landlord bona fide required the premises, was allowed. The petitioners have also sought the quashing of the judgment and order by which the Appeal filed under section 22 of the Act was dismissed.

(2.) THE records indicate that the landlords had filed the application under section 21 (1) (a) of the Act on the ground that they required the residential premises in dispute for themselves and for their family members and they were likely to suffer greater hardship in the event the application was rejected. This application was allowed by the Prescribed Authority by order dated 18th march, 1994 but this order was set aside in the Appeal filed by the tenant under section 22 of the matter was remanded to the Prescribed Authority.

(3.) WHEN the matter was pending before the Prescribed Authority, the tenant Nanney Khan died and in his place the two sons residing with the tenant at the time of his death namely, Mohd. Akil Khan and Mohd. Amil Khan were substituted as opposite parties. The Prescribed Authority ultimately allowed the application by the order dated 25th July, 2006 and the Appeal filed by the tenant under section 22 of the Act for setting aside the aforesaid order was dismissed on 7th April, 2008.