Sibghat Ullah Khan, J. - (1.) Heard Shri Atul Kumar Singh, learned counsel for the petitioners and Shri Sumit Daga, learned counsel for landlords-respondents No.3 & 4 who has appeared through caveat.
(2.) This writ petition arises out of proceedings for eviction/release on the ground of bona fide need initiated by landlords-respondents nos. 3 and 4 against tenants petitioners in the form of U.P.U.B. Case No. 14 of 2008 Rajeev Lochan and another v. Smt. Beena Devi and others under Section 21 of U.P. Urban Building Regulation of Letting Rent and Eviction Act 1972 (U.P. Act No.13 of 1972). Prescribed Authority/Additional J.S.C.C., Aligarh through judgment and order dated 11.11.2011 allowed the release application. Against the said order tenants petitioners filed U.P.U.B. Appeal No.15 of 2011. Additional District Judge Court No.3, Aligarh through judgment and order dated 1.10.2012 dismissed the appeal hence this writ petition.
(3.) Property in dispute is a shop rent of which is Rs. 125/- per month. The first point raised by petitioners tenants was that neither all the landlords nor all the tenants had been impleaded in the release application hence the application was incompetent. In view of Gopal Das v. A.D.J., 1987 (1) ARC 281 (FB-Allahabad) and Harish Tandon v. Addl District Magistrate, Allahabad, U.P., AIR 1995 SC 676 : 1995 (1) ARC 220 such omissions are not fatal.;