- (1.) Heard Sri Prakash Sinha, advocate assisted by Sri Vishal Kahandelwal, learned Counsel for the petitioner, Sri Ram Krishna, learned Counsel for the respondents and perused the record. The petitioners are tenants in house in dispute No. 242, Bhagwat Bagh, Atarsuia, Allahabad. Respondent Nos. 3 to 7 are landlords of the accommodation in question.
(2.) The facts in a nutshell are that an application under section 21(a) of the Rent Control Act was filed by the landlords for release of the accommodation in dispute on ground of bona fide need. The case of the petitioners before the Prescribed Authority was that it was only tenancy of an open land, hence the provisions of U.P. Act No. 13 of 1972 would not apply. The Prescribed Authority, however, after hearing the parties allowed the release application of the landlords vide its order dated 19.7.2005 holding that there were 21 members in their family and therefore, they have bona fide need and comparative hardship was also in their favour.
(3.) Aggrieved, the petitioners preferred Rent Control Appeal No. 154 of 2005, Panna Lal and others v. Prem Bahadur and others before the Appellate Court, which was also dismissed vide order and judgment dated 10.8.2010.;