- (1.) Heard Sri A.N. Tripathi, learned counsel for landlord-petitioners and Sri H.N.B. Sinha, learned counsel for tenant-respondents.
(2.) This writ petition arises out of eviction/ release proceedings initiated by the seven landlords petitioners against tenants respondents No.3 to 6 on the ground of bona need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ''U.P. Act No.13 of 1972') in the form of P.A. Case No.51 of 1987. The Prescribed Authority, Civil Judge, Mohanlal Ganj, Lucknow allowed the release application through order dated 22.01.1990. Against the said judgment and order, tenants respondents filed appeal, number of which has not been mentioned in the certified copy as well as typed copy (Appeal must have been filed in 1990). The title is Prithvi Raj Bhargava and others Vs. Smt. Zareena and others. The appeal was allowed by A.D.J./ Special Judge/ E.C. Act, Lucknow on 23.05.1990. Order passed by the Prescribed Authority was set aside and release application was dismissed. The said order of the appellate court has been challenged through this writ petition.
(3.) Accommodation in dispute is residential in nature situate at 90, Jagat Narain Road, Lucknow having an area of 14842.36 square feet (more than 1600 square yards). Constructed area is more than 700 square yards. It is having 14 rooms as per para-1 of the written arguments filed on behalf of petitioners. However, in the written arguments filed on behalf of opposite parties No.3 to 6, it is mentioned in para-14 that accommodation in dispute consists of ten rooms. Copy of release application is Annexure-1 to the writ petition. The landlords petitioners contended that they were residing at House No.121, Ghaus Ganj Wajir Ganj, Lucknow. Need for each of the seven landlords applicants was separately pleaded. Release application was got amended and it was stated that applicant No.4, Iqbal Haider and applicant No.7, Ashfaq Haider were married during pendency of the release application. It was stated that the residential house of the applicants at Ghaus Ganj in which they were residing was double storied. On the first floor, there were four rooms, three small and one big and on the ground floor there were five small rooms of 8'/7', 6'/7', 10'/8' and 6'/10' and four store rooms of 6'/6' each. It was stated that at the time of filing of release application, the family consisted of 14 members.;