Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE facts of the case, in brief, are that Ram Narayan, husband of petitioner No. 1, Smt. Kesar Devi was the tenant in the shop in House No. 50/267, Halsi Road, Kanpur, in which he carried on the business of sale of white-washing materials etc. Respondent No. 2, Smt. Phool Kunwar and respondent No. 3, Shyam Charan filed Release Application No. 69 of 1987 against the tenant Ram Narayan under Section 21 (1) (a) of the U. P. Act No. XIII of 1972, on the ground that respondent No. 3, Shyama Charan, landlord is a heart patient and has been medically advised by the doctors to avoid climbing up the stairs. Sri Ram Narayan filed objection to the Application No. 69/87 on 29.8.1988 stating that he was the tenant of the previous landlord Rajab Baksh in the disputed shop, through allotment dated 17.7.1958, which is not a residential accommodation. A commission was issued by the prescribed authority on the application of the father of the petitioner No. 1 Sri Ram Narayan which submitted its report dated 31.3.1998.
(3.) THE prescribed authority by the judgment and order dated 12.8.1993, allowed the release application of the landlords. The petitioners preferred an appeal under Section 22 of the U. P. Act No. XIII of 1972 against the aforesaid order dated 12.8.1993, which was registered as R. A. No. 129 of 1993, on the ground that the prescribed authority has not considered the oral and documentary evidence available on record, as such the findings of the prescribed authority are perverse.;