S.U. Khan, J. - (1.) This is landlord's writ petition arising out of eviction/release proceedings initiated by original landlord Sita Ram (since deceased and I survived by petitioners) against tenant respondent No. 2 Bhola Nath. Release application was filed on the ground of bonafide need under Section 21 of U.P. I Act No. 13 of 1972 and was registered as P.A. Case No. 2 of 1986 on the file of prescribed authority/l Additional Civil Judge, Varanasi.
(2.) Before the prescribed authority, on the date fixed for arguments no one appeared on behalf of tenant. From the absence of the tenant, prescribed authority inferred that he was no more interested in retaining the said accommodation in dispute. Prescribed Authority after sketchy discussion of the evidence allowed the release application on 28.2.1994. Against the said judgment and order tenant respondent No. 2 filed Rent Appeal No. 309 of 1994. VI A.D.J., Varanasi through judgement and order dated 9.1.1998, allowed the appeal, set-aside the judgment and order passed by the prescribed authority and rejected the release application of the landlord. This writ petition by the landlords is directed against the said judgment and order of the Appellate Court.
(3.) Original landlord in the release application had set-up the need for one of his sons for storing the drums in connection with his business of selling spirit. It was also stated that the accommodation in dispute was also required for settling Om Prakash grandson of the landlord in business for selling radios and cassettes.;