Sibghat Ullah Khan, J. - (1.) Heard Sri U.K. Srivastava, learned counsel for petitioners and Sri O.P. Mishra, learned counsel for contesting respondent tenant.
(2.) This is landlords' writ petition arising out of eviction/release proceedings initiated by them under Section 21 of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act No. 13 of 1972) on the ground of bona fide need. Release application was filed by Shanker Lal and Babu Ram, both real brothers and their mother Smt. Bitana in the form of P.A. Case No. 31 of 1976, Babu Ram and others v. Om Prkash . Smt. Bitana died during pendency of release applications and was survived by the other two applicants, hence her name was deleted. Sri Babu Ram also died on 25.11.1983 and was substituted by his widow Smt. Stayawati, original petitioner No. 1. Both the petitioners i.e. Smt. Satyawati and Sri Shanker Lal died during pendency of the writ petition and were substituted by their legal representatives. Original tenant respondent No. 3, Om Prakash also died during pendency of writ petition and was substituted by his legal representatives.
(3.) Twice the matter was remanded by the lower appellate court. After second remand, the Prescribed Authority, Munsif Barabanki dismissed the release application on 22.08.1984. Against the said order, original petitioners filed Rent Control Appeal No. 5 of 1984. First A.D.J. Barabanki dismissed the appeal on 04.04.1987, hence this writ petition.;