M.Wahajuddin, J. - (1.) This is a tenant's writ petition. The landlords moved an application under section 21(1)(a) for release of the premises No. 76/147 Coolie Bazar,. Kanpur on the grounds laid down in the judgments of the courts below. One of the landlord, namely, Sarasvati Devi pleaded that she is a tenant in premises No. 76/187. Coolie Bazar, consisting of a single room 8', 8' and in view of the large members of her family the accommodation is insufficient and inadequate for residence.
(2.) The defense of the tenant was that the landlord's need is not bonafde. Actually it is a device to have the premises vacated as to let it out on higher rent.
(3.) The prescribed authority came to a finding that landlord's reed is not genuine and the tenant's need is greater and the tenant is an old one and the permission was refused. The appellate court reversed all the findings of the Prescribed Authority and came to the conclusion that the landlord Saraswati Devi has only one room accommodation is premises No. 76/187, Coolie Bazar, and not any further re om and that considering the number of members of her family the need is genuine as compared to the tenant's reed and granted the permission.;