S.U.Khan, J. - (1.) At the time of arguments no one appeared on behalf of landlord-respondent in spite of sufficient service.
(2.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 1 S.K. Sarkar, against original tenant-petitioner P.P. Singh, since deceased and survived toy his legal representatives, on the ground of bona fide need under Section 21 (1-A) of U.P. Act No. 13 of 1972, in the form of Case No. 45 of 1977 on the file of Prescribed Authority/Munsif West, Allahabad.
(3.) In the release application it was stated that landlord was Accounts Officer in A.G.U.P. and had retired in 1977 from Delhi and he was residing at Delhi with his son in a rented house and he wanted to shift to Allahabad. The tenant pleaded that one of the rooms of the house in dispute was allotted to his wife Dr Prema Singh and rest of the house was allotted to him. However, this fact will not make any different for the reason that now original tenant petitioner P.P. Singh has died and his wife Dr. Prema Singh and her son and daughters have been substituted at the place of the original tenant. Tenant further pleaded that landlord had taken a flat from Delhi Development Authority (D.D.A.) at Delhi and was residing there and had no intention of shifting to Allahabad. Release application was allowed by Prescribed Authority on 4.9.1980. Against the said judgment and order tenant-petitioner filed R.C. Appeal No. 385 of 1980. Appeal was initially allowed. However, against the said judgment of the Appellate Court writ petition was filed in this Court being Writ Petition No. 4918 of 1981. The said writ petition was allowed on 15.10.1985 and matter was remanded to the Appellate Authority for fresh decision. Parties were permitted to give additional evidence also.;