B.D.Aggarwal, J. - (1.) By means of this petition under Article 226 of the Constitution the petitioners have sought a writ of Certiorari quashing the order of the Prescribed Authority, Allahabad dated 1-5-1982 under section 21(1)(a) and the decision of the VII Additional District Judge, Allahabad dated 11-3-1983 under section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter the U.P. Act, 1972).
(2.) The dispute relates to premises No. 16, Mahatma Gandhi Marg, Allahabad described also as the Barnett's Hotel. The respondent No. 3 is the landlord. On April 25, 1947 the premises was allotted jointly to the petitioner No. 1 and the respondent No. 4 by the City Magistrate, Allahabad under section 7(2) of the U.P. Control of Rent and Eviction Act, 1947. One G.H. Barnett had been running a hotel in this premises in partnership with his wife since about 1929 under the name and style of the Barnett and Co. The Stock-in-trade was sold by him on May 14, 1947 to the petitioner No. 1 and respondent no 4 who entered into partnership to run the Hotel. The respondent No. 4 retired from the partnership on April 1, 1975 except by retaining 1 % share from which too she withdrew on January 31, 1978.
(3.) The application giving rise to this petition was filed by the landlord respondent No. 3 on June 2, 1978 before the Prescribed Authority, Allahabad under section 21(1)(a) of the U.P. Act. 1972 seeking eviction of the petitioners from this premises on ground that the applicant requires the building himself to settle his only son Harish Tandon (now aged about 25 years) who has completed B.Com. Master of Business Administration course and is interested in running a Three Star Hotel in this building. The application was resisted for the petitioners who refuted that the landlord is in bona fide need of the building and contended also that the balance of the comparative hardship lies in their favor.;