Saaeed-Uz-Zaman Siddiqi, J. - (1.) By means of this petition under Article 226 of the Constitution of India, the petitioners have prayed for issue a writ in the nature of certiorari quashing the impugned order dated 08.02.2012 passed by Additional District Judge (Court No. 7), Unnao in Rent Appeal No. 1 of 2011.
(2.) Brief facts of the case are that the petitioners filed P.A. Case No. 14 of 2007 for release of accommodation under Section 21(1)(a) of the U.P. Rent Act, 1972 which was allowed by the learned prescribed authority vide judgment and order dated 19.01.2011, against which the tenants preferred the instant appeal in which they moved an application No. 4C to the effect that the landlord has died on 14.03.2011 (during pendency of appeal). The case was instituted by him on the ground of personal need and requirement which has vanished due to death, and as such, the cause of action has perished. The petitioners filed objection 50C against this application, in which the application was opposed on the ground that subsequent to the death of landlord, his widow and two sons have become employment-less and have no source of income and, as such, cause of action has not come to an end to which the tenant filed rejoinder application alleging therein that his three sons are unemployed. It has further been alleged that since substitution has rightly been carried out in the appeal which shows that bona fide requirement of the landlord has also died.
(3.) The learned appellate court reached to the conclusion that prescribed authority has allowed the application on the basis of bona fide requirement of the deceased landlord. The landlords who are petitioners before the learned Appellate Court have moved amendment application paper No. 49A seeking addition of bona fide requirement of the sons of the deceased landlord, who are petitioners before this Court. It was sought to be amended that the two sons of the deceased landlord have learnt photography and computer along with their father and they have no other engagement and after the death of the father they have no source of income. This amendment application has been opposed by the tenant opposite party through objection paper No. 57(a). Aggrieved by rejection of application 49- A and the release petition, the landlords have preferred the instant petition.;