S.U. Khan, J. - (1.) The above noted writ petition has been filed by the tenant who is no more in possession since 2002.
(2.) The writ petition arises out of eviction/release proceedings initiated by original landlord-respondent No. 2 Har Prasad Mishra, (since deceased and survived by legal representatives) against tenant-petitioner on the ground of bona fide need under Section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 38 of 1977. Prescribed Authority/First Additional Munsif, Varanasi through judgment and order dated 28.4.1981 rejected the release application. Against the said judgment and order late Har Prasad Misra filed Rent Civil Appeal No. 272 of 1981. V A.D.J. Varanasi through judgment and order dated 27.11.1982 allowed the appeal, set aside the judgment and order of Prescribed Authority and allowed the release application of the landlord. This writ petition is directed against the said order of the Appellate Court.
(3.) Property in dispute is a shop. In the release application need set up was for expansion of landlord's business, which he was carrying on in the two adjoining shops and for settling his two sons in business. There are four shops in a row. At the time of filing of the release application two were in possession of the original landlord, one in possession of the petitioner and the 4'h shop was in possession of another tenant Vishwa Nath. Landlord had also filed release application against Vishwa Nath. When the appeal was heard by the V A.D.J. Varanasi, the matter of release against Vishwa Nath, the other tenant was pending in the form of Writ Petition in this Court (Writ Petition No. 10844 of 1980). It appears that during pendency of this writ petition the said writ petition was got disposed of in terms of the compromise and Vishwa Nath, the other tenant handed over possession of the shop in his tenancy occupation to the landlord.;