Sibghat Ullah Khan, J. - (1.) Heard Sri Ausaf Ahmed, learned counsel for the landlords petitioners and Sri R.S. Tripathi, learned counsel for tenant -respondent no. 2 Saffiuddin Haider since deceased and survived by legal representatives.
(2.) This is landlords' writ petition arising out of eviction / release proceedings initiated by them against the original tenant respondent no. 2 on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of Rent Control Case No. 1 of 1982. Prescribed Authority / Munsif, Sadar, Pratapgarh allowed the release application through judgment and order dated 17.2.1982. Against the said order original tenant respondent no. 2 filed Civil Appeal No. 114 of 1983. A.D.J/Special Judge, Pratapgarh through judgment and order dated 10.9.1989 allowed the appeal, set aside the order of the prescribed authority and dismissed the release application, hence this writ petition.
(3.) Property in dispute consists of three Kothries (small rooms). Rate of rent is Rs. 4.75/- per month. The Court is unable to decide that what expression must be used for such rent. Landlords petitioners had purchased the property in dispute through registered sale deed dated 14.5.1978 from its previous owner Raja Ajit Pratap Singh. The Prescribed Authority held that the need of the landlords was bonafide. It was pleaded by the land lords that the property in dispute was required to be used as godown and for establishing chamber for applicant no. 3, who was an advocate and enrolled as such in 1977. It was further pleaded that in a nearby shop landlords no. 1 and 2 were carrying on business of selling iron material and for want of any godown they had to store most of their merchandise on the road. Tenant admitted that he had a share in his ancestral house but asserted that he was using the same as a shop for selling medicines. He further pleaded that he was also doing additional business of Jerry Can and he used the accommodation in dispute as godown.;