Rajes Kumar, J. - (1.) This is a petition by the tenants of the premises, in dispute, challenging the order of the Prescribed Authority dated 29.9.2012 and further the order of the appellate court dated 26.4.2013.
(2.) The brief facts of the case are that respondent nos. 1 and 2 are the owners of House No. 6, which belongs to the respondent-landlords. The respondent-landlords filed a release application under Section 21 (1) (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act") for the release of the said premises. The said release application was registered as P.A. Case N0. 9 of 1990, Ram Gopal Singh v. Awadh Nath Chaturvedi . The said release application has been rejected by the Prescribed Authority vide order dated 16.4.1992 against which respondent-landlords filed an appeal being Appeal No. 55 of 1995 which has been allowed by the Additional District Judge, Azamgarh vide order dated 2.9.2000 and the matter has been remanded back to the Prescribed Authority to decide the application afresh. While remanding back the case, it has been observed that the basic question is whether the accommodation is required for personal need of applicants and to decide this question, it is necessary to assess how many rooms are available with the applicants at present. Whether these rooms and accommodation are sufficient for the family of the applicants and further directed the Prescribed Authority to consider the case of the landlords that their sons have attained the age of majority and they are likely to be married very soon and the fact that in future the family may grow, may also be taken into consideration while deciding the bonafide need.
(3.) The case of the petitioners was that the landlords owned 9 houses at different places at Azamgarh and has sufficient accommodation and there was no bonafide need.;