Anjani Kumar, J. - (1.) This petition was dismissed by me vide order dated 2nd May, 2002 for the reasons to be recorded later on. Now here are the reasons for dismissal of the aforesaid writ petition.
(2.) The petitioners who are the tenants in the shop in dispute, aggrieved by the order dated 16.12.2000 passed by the appellate authority under Section 22 of the U.P. Act No. 13 of 1972, hereinafter shall be referred to as the 'Act', whereby the appellate authority has allowed the appeal filed by the landlord against the order dated 13th August, 1998 passed by the prescribed authority on the application under Section 21 (1) (a) of the Act.
(3.) The facts leading to the filing of present writ petition are that the landlord filed an application under Section 21 (1) (a) of the Act for release of the shop in dispute in his favour. The need set up by the landlord is to settle down his sons in business, who are admittedly or not yet settled. The petitioners contested the aforesaid application. The prescribed authority rejected the said application on the ground that for the time being, the sons of the landlord are engaged in some another business and they are carrying on business apart form the shop in dispute and on this ground the prescribed authority came to the conclusion that the need set up by the landlord is not bona fide Aggrieved thereby, the landlord preferred an appeal, as stated above, under Section 22 of the Act before the appellate Court. The appellate Court has considered the pleadings of both the parties and the evidence adduced by the landlord as well as the tenants and reversed the findings recorded by the prescribed authority that the need of the landlord is not bona fide and has held that the need of the landlord is bona fide and more pressing than that of the tenants. The appellate authority allowed the appeal after setting aside the order passed by the prescribed authority and directed the shop in question to be released in favour of the landlord. Against this order, the tenants have filed the present writ petition.;