N.D. Ojha, J. - (1.) This writ petition has been filed by Mahadeo, Bhagelu and Sheo Prasad. Mahadeo died during the pendency of the writ petition and his legal representatives have been substituted. These persons are tenants of three shops and respondent No. 1 is the landlord thereof. An application was made by respondent No. 3 for permission to file a suit for ejectment against the tenants under section 3 of the U. P. (Temporary) Control of Rent & Eviction Act, 1947. Before the said application could be disposed of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, came into force and the said application was treated as an application for release under Section 21 of the new Act. The application was contested by the tenants. The Prescribed Authority, however, allowed the application in so far as Sheo Prasad, petitioner No. 3, is concerned. The prayer for ejectment of Mahadeo and Bhagelu was rejected. Against this order two appeals were filed-one by Sheo Prasad and the other by respondent No. 1. The District Judge by his order dated 26th March, 1974, dismissed the appeal of Sheoprasad but allowed the appeal of respondent No. 1 with the result that an order for ejectment of all the three tenants was passed. It is these orders which are sought to be quashed by means of the present writ petition.
(2.) It was urged by counsel for the petitioners that the District Judge has not at all considered the hardship which was likely to be caused to the petitioners in the event of the shops being released in favour of respondent No. 1 and accordingly his order was vitiated in law.
(3.) Having heard counsel for the parties I am of opinion that there is substance in this submission. Section 21 of the Act has been amended by U. P. Act No. 28 of 1976. Section 14 of the Amending Act inter alia provides that in Section 21 of the principal Act after the third proviso thereto, the following proviso shall be inserted and shall be deemed always to have been inserted viz., "Provided also that the prescribed authority shall, except in cases provided for in the Explanation, take into account the likely hard-ship to the tenant from the grant of the application as against the likely hardship to the landlord from the refusal of the application and for that purpose shall have regard to such factors as may prescribed." In this view of the matter the order of the District Judge cannot be sustained.;