- (1.) This is a tenant's appeal. It is directed against a judgment dismissing their writ petition.
(2.) Respondent No. 3 is the landlord of the accommodation in dispute, which consists of four rooms and kitchen, bathroom, latrine etc. The landlord filed an application for permission to sue for the ejectment of the tenants under Section 3 of the U.P. (Temporary) control of Rent and Eviction Act, 1947. The tenants contested the application. During the pendency of the application the new U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, came into force. According to its provisions the application was transferred to the Prescribed Authority for decision according to Section 21 of the new Act. The Prescribed Authority held that the need of the landlord was more pressing than that of the tenants. The requisite permission was granted. The tenants went up in appeal. The District Judge affirmed the finding of the Prescribed Authority and dismissed the appeal.
(3.) Aggrieved the tenants filed the writ petition. The only point pressed before the learned Single Judge was that on the admitted facts and the findings the application was not maintainable under Section 21 of the Act of 1972. The learned Judge did not find substance in this submission and dismissed the writ petition. Hence the present appeal.;