Sibghat Ullah Khan, J. - (1.) List revised. No one appears for tenants-respondents. Heard learned counsel for landlady petitioner.
(2.) This writ petition arises out of eviction/ release proceedings initiated by the landlady petitioner against tenants respondents No.2, 3 and 4 in the form of P.A. Case No.21 of 2005 on the ground of bona fide need under Section 21(1)(a) of U.P. Act No.13 of 1972. Initially Smt Rasulan was the owner landlady of the property in dispute. After the death of Smt. Rasulan, Pyare Miyan, her daughter's son became owner landlord of the property in dispute, who sold the same in 1971 to Sri Moinuddin Warsi. Sri Warsi sold the property in dispute to Sri Sartaj Ahmad who thereafter sold the same to the petitioner in 1984. Property in dispute is one room, two kotharies, a latrine and a bath room accommodation. Landlady asserted that she was residing in only one room accommodation just adjacent to the property in dispute and as her family consisted of herself, her husband, one daughter and one son hence she bonafidely required the accommodation in dispute. Prescribed Authority/ Additional C.J.M., Court No.27, Lucknow allowed the release application through judgment and order dated 24.07.2006 holding the need of the landlady to be bona fide and further holding that landlady would suffer greater hardship in case release application was dismissed than the hardship which would be faced by the tenants in case release application was allowed.
(3.) Against the said judgment and order, tenants respondents filed Rent Appeal No.12 of 2006. A.D.J. Court No.4, Lucknow allowed the appeal through judgment and order dated 02.03.2007, set aside the order of the Prescribed Authority and rejected the release application of the landlady. The said order by the lower appellate court has been challenged through this writ petition.;