Sibghat Ullah Khan, J. - (1.) LIST revised. No one appears for the respondent. Heard leaned Counsel for the petitioner. This writ petition arises out of proceedings under section 21 of U.P. Act 13 of 1972 initiated by landlord -petitioner against respondent -tenants. Release application was registered as P.A. Case No. 13 of 1998. Prescribed Authority/IInd Additional Civil Judge (S.D.), Allahabad held the need of the landlord to be bona fide. Question of comparative hardship was also decided in favour of the landlord. Accordingly release application was allowed on 8.8.2000. Against the said judgment and order tenants -respondents filed R.C. Appeal No. 151 of 2000. A.D.J. Court No. 3, Allahabad through judgment and order dated 23.3.2005 allowed the appeal set -aside the judgment and order of the prescribed authority. This writ petition is directed against the aforesaid judgment of the Appellate Court.
(2.) IN the release application, the need set up for extension of the existing hotel of the landlord which is being run in the adjoining building. Appellate Court held that landlords could satisfy their need by using the building already available to them. Supreme Court in a recent authority reported in : AIR 2006 SC 770 has held that need for extension of the business even in other cities is quite bona fide. Along with writ petition as Annexure -"A" a map has been annexed showing the proposed obstruction. In the said map about 1/3 part of the shop in dispute is proposed to be used along with adjoining accommodation already in possession of the landlord as lobby -cum -reception and remaining portion of the shop in dispute is proposed to be used as fast food restaurant.
(3.) IN modern times the need for fast food restaurant in a hotel cannot be said to be not bona fide. Now days good hotels are providing and are required to provide various types of facilities in order to attract good customers. Judicial notice may be taken that Allahabad is developing faster than other adjoining big cities of U.P.;