M.P. Saxena, J. - (1.) This is a landlords' petition arising out of proceedings under section 21(I)(a) of U.P. Act XIII of 1972.
(2.) The applicants are the owners of the disputed shop situate in Mohalla Bazar Pukhta Jehangirabad, district Bulandshahr. It was let out to opposite party No. 3 on rent of Rs. 60/- per month. The applicants moved an application under section 21(1)(a) of the Act for release of the said shop on the ground of bona fide and genuine need. It was alleged that they are carrying on cloth business in a rented shop in Jehangirabad. Bashir Ahmad son of petitioner No. 1 and Mohammad Zafar, Mohd. Anwar and lgbal Ahmad, brothers of the said applicant, also carry on the business of selling cloth but for want of a shop they have to go out as hawkers and carry on their business. Therefore, the shop in dispute was genuinely required for their use. It was further alleged that the tenant will suffer no hardship because the Municipal Board Jehangirabad has constructed new shops In the same locality and he can conveniently hire one of them. In the course of arguments it was further set up that Birju, brother of the tenant, has got two shops with him and the opposite party can conveniently carry on his business in one of those shops without suffering any hardship.
(3.) The application was contested by the opposite party mainly on the grounds that the landlords were already carrying on cloth business on three shops and did not require any shop. He also added that he was an old tenant and would suffer considerable hardship if he was required to vacate this shop. The Prescribed Authority allowed the release application. The tenant filed an appeal under section 22 of the Act and the learned District Judge reversed the finding of the Prescribed Authority by holding that no case for release of the shop was made out. He accordingly set aside the order passed by the Prescribed Authority and rejected the release application. The landlords have, therefore, filed this petition for quashing the order passed by the learned District Judge, Bulanndshahr.;