- (1.) Whether the Additional District Judge, Court No. 3, Hardoi was justified in condoning more than eight years' delay in filing of appeal under section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short '1972 Act') by the respondent nos. 2 to 8 against the judgment dated 5.11.2004 passed by the Prescribed Authority / Additional Civil Judge (Senior Division), Hardoi in P.A. Case No. 9 of 1999 is the short question which arises for consideration in this writ petition.
(2.) The dispute relates to a shop situated at Mohalla Sulhara, Bilgram, Hardoi. The said shop was owned by Sri Ram Babu and his wife Smt. Ram Devi and after their death the appellant nos. 1 to 5 and one Smt. Reshma Devi became the owner of the said shop. The said shop was originally let out to one Sri Munnu Lal, the father of respondent nos. 2 to 5, 7 & 8 and husband of respondent no. 6. After the death of Sri Munnu Lal, respondent nos. 2 to 8 became the tenant of the shop in dispute.
(3.) On 21.10.1999 the petitioners - landlords moved an application under Section 21 (1) (a) of the 1972 Act, for release of the shop on the ground of their bonafide need. A joint written statement was filed on behalf of all the tenants, through their advocate Sri Ajay Kumar Dwivedi. After filing the written statement the respondent nos. 2 to 8 - the tenants did not pursue the matter and ultimately on 05.11.2004 the release application moved by the petitioners was allowed by the Prescribed Authority. The tenants were directed to hand over vacant possession of the shop in question to the landlords within four months.;