S.U. Khan, J. - (1.) List revised. No one appears for the tenant-respondent. Heard learned Counsel for the landlady-petitioner.
(2.) This landlady's writ petition arising out of release proceedings initiated by her against tenant respondent No. 3 on the ground of bona fide need under section 21 (1) (a) of U.P. Rent Regulation Act (U.P. Act No. 13 of 1972). Property in dispute is a shop. The need set up in the release application was for settling the son in business from the shop in dispute. Release application was registered as Rent Case No. 4 of 1989 on the file of Prescribed Authority/Munsif, Banda. Prescribed authority allowed the release application on 10.5.1991 holding the need of the landlady to be bona fide and deciding the question of comparative hardship also in favour of the landlady. Prescribed authority also held that the tenant was carrying on business from another tenanted accommodation of which one Om Agarwal was landlord and it was situate in Dilahaganj. Against judgment and order passed by prescribed authority dated 10.5.1991 tenant-respondent No. 3 filed an appeal under section 22 of the Act being Rent Civil Appeal No. 2 of 1991. A.D.J./Special Judge (E.C. Act), Banda through Judgment and order dated 17.2.1997 has allowed the appeal, set aside the order passed by the prescribed authority and rejected the release application filed by landlady-petitioner hence this writ petition.
(3.) The Lower Appellate Court has held that landlady had started coaching institute by the name of Era Convent School and Matchless Coaching Centre hence the need stood satisfied. Even if the allegation that coaching institute is being run by the landlady is accepted still son of the landlady cannot be compelled to participate in the said business, if running a school and doing coaching can be called a business. Even otherwise, the landlady or the family member of the landlady for whose commercial need release application is filed is not expected to sit idle until she obtains possession. Proceedings under section 21 of the Act some times take more than twenty five years.;