Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties. This is landlords' writ petition arising out of eviction/release proceedings initiated by them for eviction of their tenants -respondents 2 to 6 Shrimati Prabha Devi and others, on the ground of bonafide need under section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
(2.) PROPERTY in dispute is a shop, rent of which is Rs. 75/ - per month. The release application was registered as P.A. Case No. 217 of 1984 on the file of Prescribed Authority, Allahabad. The original tenant -Babulal had died much before filing of the release application and the tenancy had been inherited by his widow, sons and daughters, who were made opposite parties in the release application and who are contesting respondents in this writ petition. Release application was allowed by the Prescribed Authority, Allahabad on 6.6.1985. Against the said judgment and order tenants -contesting respondents filed Rent Control Appeal No. 323 of 1985. VI A.D.J. Allahabad allowed the appeal on 29.5.1985 and set aside the judgment of the Prescribed Authority. This writ petition has been filed by the landlords against the said judgment of the Appellate Court.
(3.) THE need set up in the release application was for setting up Sri Arvind Shukla, one of the sons of landlord -petitioner No. 1 Sri Mahesh Narain Shukla in business. Tenants are carrying on laundry business from the shop in dispute.;