Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 20.7.1994 passed by the Prescribed Authority releasing the disputed accommodation in favour of the landlord-respondent No. 3 and the order of the appellate authority-respondent No. 2 dated 13.1.1998 dismissing the appeal against the aforesaid order.
(2.) Briefly, stated the facts, are that respondent No. 3 filed an application for release of the disputed accommodation against the petitioners and respondent Nos. 4 to 6 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (in short the Act) with the allegations that Bhagwan Das Sahu was a tenant of Shop Nos. 180 and 181 situate in Chaudhariyana, Jhansi. After his death, he was succeeded by his three sons and three daughters. One of his sons, Ashok Kumar died and he was succeeded by his widow Smt. Sandhya and son Sanjai Kumar. It was stated that he has three sons, namely, Ashok Kumar, Awadh Kumar and Arvind Kumar. His sons are unemployed and he wants to establish them In the business and the disputed shop was required for that purpose. He himself was carrying on cloth business in a shop situate in Mohalla Khatriyana but his sons will carry on independent business in the disputed shop. It was further stated that the disputed shops were two but the tenant made material alteration and converted into one shop. These shops are in a very dilapidated condition and require demolition and reconstruction. He will use the reconstructed shop after their demolition. The tenants have two hotels, namely. Ashok Hotel and Prakash Hotel besides various other shops and properties in their possession and the tenants will not suffer any hardship on their eviction from the disputed shop.
(3.) The two sets of objections were filed one by Ved Prakash Sahu petitioner No. 1 and another by Smt. Sandhya Sahu petitioner No. 3. They denied that the landlord-respondent requires the disputed shop for carrying on any business. His son Arvind Kumar has been appointed as Lecturer in Mathematics in Bundelkhand Degree College. His another son Awadh Kumar is an Advocate and his third son Ashok Kumar is assisting his father in business. It was denied that the house was in a dilapidated condition. The landlord has constructed certain shops situate opposite to the District Jail, Jhansi. The property in dispute is a joint property of various owners and without their implcadment in the application, it is not maintainable.;