R.H.Zaidi, J. - (1.) Heard learned Counsel for the petitioners and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order of direction in the nature of certiorari quashing the order dated 16.9.2000 whereby he appeal filed by the contesting respondents was allowed by the Appellate Authority.
(3.) It appears that the petitioners-landlords filed an application under Section 21 (1) (a) of he U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, for release of the building in dispute on the ground of their personal need and occupation. The ground of comparative more hardship was also taken in the application. On receipt of the notice, the tenants-respondents No.. 3 to 7 filed and objection denying the claim of the landlords and asserting that their need was neither genuine nor bona fide. It was also stated that there was no question of suffering any hardship by them if their application was rejected. In support of their cases parties produced evidence before the Prescribed Authority. The Prescribed Authority, after perusing the material on record, recorded findings on the questions of bona fide need and comparative hardship in favour of the petitioners- landlords and allowed the release application by its judgment and order dated 26.7.1991. Challenging the validity of the said order the tenants-respondents filed an appeal before the Appellate Authority The Appellate Authority, after hearing the parties and perusing the material on record, reversed the findings recorded by the Prescribed Authority on the questions of need and hardship and allowed the appeal by judgment and order dated 16.9.2000. Hence, the present petition.;