Sibghat Ullah Khan, J. - (1.) Heard Sri D.C. Mukharjee, learned counsel for the petitioners.
(2.) This is tenants' writ petition arising out of eviction/release proceedings initiated by landlady respondent no.2 Smt. Zubaida against the tenants petitioners on the ground of bonafide need under Section 21(1)(a) of the U.P. Urban Building Regulation of letting, Rent and Eviction Act, 1972 (hereinafter to be referred as the U.P. Act 13 of 1972). Property in dispute is residential in nature consisting of one room, one Verandah, Latrine and Kitchen with Sahan. Rate of rent is Rs. 23/- per month. Before the prescribed authority the landlady had offered to the tenants an alternative accommodation on first floor which was refused by the tenant's stating that it was not in good condition. The prescribed authority/Additional Civil Judge, Senior Division, Hardoi dismissed the release application on 9.9.1998. Against the said judgment and order, landlady filed Rent Appeal No. 6 of 2000. VIth ADJ, Hardoi through the judgment and order dated 22.01.2001 allowed the appeal set aside the judgment and order passed by the prescribed authority and allowed the release application of the landlady hence this writ petition.
(3.) The lower appellate court found that the family of the landlady consisted of herself, her husband, two married sons, two unmarried sons and two unmarried daughters. It was also found that at the time of letting, the family of the land lady was quite small. I do not find any illegality in the findings recorded by the lower appellate court. As far as comparative hardship is concerned, the tenants did not show that they made any efforts to search alternative accommodation.;