Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties. This is landlord's writ petition arising out of eviction/release proceedings initiated by original landlord -petitioner Badri Prasad (since deceased and survived by LRs.) 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. 3 of 1983 on the file of Prescribed Authority, Allahabad. Initially release application was filed against Mithai Lal (since deceased and survived by respondents 2 to 7). Sri Chiraunju Lal, real brother of original petitioner Badri Prasad was also impleaded as proforma opposite party No. 2.
(2.) PROPERTY in dispute is a shop rent of which is Rs. 10/ - per month. In the release application it was stated that Mithai Lal was not using the shop in dispute and he had handed over its possession to Shabd Saran Gupta (respondent No. 1 in the writ petition). Mithai Lal filed written statement stating therein that in the year 1961 he had surrendered the possession of the shop in dispute to the landlord -applicant and thereafter landlord -applicant had let out the same to Suraj Pyare, father of Shabd Saran Gupta. Thereafter, landlord filed impleadment application and got impleaded Shabd Saran Gupta son of Suraj Pyare as opposite party No. 3 in the release application. (By that time Suraj Pyare had died).
(3.) PRESCRIBED Authority/IIIrd Additional Civil Judge, Allahabad dismissed the release application through judgment and order dated 10.4.1986. Prescribed Authority held that as landlord did not admit Suraj Pyare or after his death his son Shabd Saran Gupta as his tenant, hence release application was not maintainable. Question of bona fide need was also decided against the landlord. Against the said judgment and order original petitioner -landlord filed Rent Control Appeal No. 249 of 1986. VIIth A.D.J. Allahabad held the need of the landlord to be bona fide. However, Appellate Court agreed with the Prescribed Authority that release application was not maintainable as landlord had not admitted Suraj Pyare or his son Shabd Saran Gupta as his tenant. Appeal was therefore dismissed on 30.3.1992 hence this writ petition.;