- (1.) RAKESH Tiwari-Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed challenging the validity and correctness of the judgment and order dated 25.4.1995 passed by respondent No. 1, Ist Additional District Judge, Jaunpur whereby he dismissed the appeal and confirmed the judgment and order dated 5.11.1986 passed by the Prescribed Authority, Jaunpur allowing an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 partly. The father of contesting respondent Nos. 4 to 7 and husband of respondent No. 3 late Ram Chandra filed an application under Section 21 of U. P. Act No. 13 of 1972 for release of the residential accommodation as well as commercial accommodation which was under the tenancy of the petitioners. The main ground of release was that the contesting respondents belonging to a business firm 'Beni Ram Devi Prasad' and after partition of family the other brothers have got drawing room and guest room. They also require drawing room and guest room and some accommodation for their children and the business accommodation occupied by the tenants is required to settle their sons. The petitioners filed their reply to the application moved under Section 21 of U. P. Act No. 13 of 1972 inter alia, that the landlords had no need for the tenanted accommodation of the petitioners ; they have sufficient accommodation with them for their family members and that their sons being minors are not in position to carry on the business ; that the petitioners have got several other accommodations which they can have for business and residence. It was also averred that the petitioners have let out a shop to Kasim after getting ejectment decree against him, which also proves that the landlords did not have any requirement of additional accommodation.
(3.) THE Prescribed Authority vide order dated 5.11.1988 partly allowed the release application of the respondents for residential accommodation directing the tenants to vacate the Ist and IInd floors of the house in dispute in favour of the respondents landlord. THE application of the landlords for release of commercial accommodation on the ground floor was dismissed holding that the application in this regard under Section 21 (a) of U. P. Act No. 13 of 1972 was not maintainable. THE operative portion of the order dated 5.11.88 is as under : ...[VERNACULAR TEXT OMMITED]... Aggrieved by the aforesaid order dated 5.11.88 of the prescribed authority the petitioners as well as the respondents filed Appeal No. 9 of 1988, Tribhuwan Singh and others v. Smt. Janki Devi and others and Appeal No. 10 of 1988, Smt. Janki Devi and others v. Tribhuwan Singh and others, respectively before the appellate court which were dismissed vide order dated 25.4.1995 confirming the order of the Prescribed Authority dated 5.11.1988 which is as under : ...[VERNACULAR TEXT OMMITED]...;