S.U. Khan, J. - (1.) During arguments no one appeared for tenant respondent No. 3. Heard learned counsel for the petitioners.
(2.) This is landlords' writ petition arising out of eviction/release proceedings initiated by them against tenant-respondent No. 3 Ishwar Singh 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. 62 of 1992 before Prescribed authority/Ist Additional Civil Judge (SD), Mathura. Prescribed authority through judgment and order dated 4.10.1996 allowed the release application. Against the said judgment and order respondent No. 3 filed PA. Appeal No. 146 of 1996. Vth A.D.J., Mathura through judgment and order dated 27.5.1998 allowed the appeal, set aside the judgment and order passed by the Prescribed authority and dismissed the release application of the landlords hence this writ petition by the landlords.
(3.) Petitioner No. 1 who is mother of other petitioners stated in her release application that her husband died in the year 1961 when she was quite young hence she requested her brother to reside with him and his brother started residing with her. It was further stated in the release application that children were growing hence additional residential accommodation was required for them as well as for the brother of the landlady applicant-petitioner No. 1. Accommodation in dispute is adjacent to the accommodation in possession of the landlords. Rent of accommodation in dispute is Rs. 48/- per month.;