- (1.) Heard Sri Mohd. Arif Khan learned Senior Advocate assisted by Mohd. Aslam Khan for the petitioners, Sri Ashish Mishra, learned counsel for landlords/ opposite party no.3 and perused the record.
(2.) Controversy in the present case relates to commercial property/shop situate at Mohalla Brahmanipura, Bahraich under the tenancy of the petitioners at the monthly rent of Rs. 45/ - in regard to which respondent no.3/landlord moved an application for release under section 21(i) (a) & (b) of the U.P. Urban Buildings ( Regulation of Letting, Rent & Eviction) Act (hereinafter referred as Act no.13 of 1972) on 19.2.1992 registered as R.C. No. 4 of 1992 ( Sushil Kumar Agarwal Vs. Jameel Ahmad and others) before Civil Judge (J.D.) Bahraich/ Prescribed Authority. On 8.11.1993 a written statement has been filed by the petitioners to which landlord has filed their replication .
(3.) On behalf of landlord in order to prove his case besides pleadings, examined himself and one Sri Hari Shanker son of Moti Lal as witness to establish the bona fide need in respect to release of shop in question.;