- (1.) S. U. Khan, J. List revised. No one appeared for the respondents.
(2.) HEARD learned Counsel for the tenant-petitioner. This is tenant's writ petition arising out of eviction/release proceedings initiated by original landlord respondent No. 2-Jwala Singh Tyagi since de ceased and survived by legal representatives on the ground of bonafide need un der section 21, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Release application was registered as P. A. Case No. 143 of 1982. Prescribed authority, Meerut rejected the release application through judgment and order dated 10. 9. 1985. Against the said judgment and order Misc. Appeal No. 281 of 1985 was filed. VIIth Additional District Judge, Meerut through judgment and order dated 11. 1. 1991 allowed the appeal, set aside the judgment and order passed by prescribed authority and allowed the release ap plication of the landlord hence this writ petition. Annexure-6 to the writ petition is a copy of release application. In para-6 of the said application it was stated that landlord husband and her wife both were residing at Delhi but they wanted to shift from Delhi and they required the house in dispute which is situate in Meerut. House in dispute con tains two rooms, store, verandah, court-yard, kitchen, latrine and bath-room. Rate of rent is Rs. 150/- per month.
(3.) UNFORTUNATELY landlord-husband and wife both have died during pen dency of writ petition hence need has vanished vide K. N. Agtarwal v. D. Devi, 2004 (2) ARC 764 (SC ). Accordingly, writ petition is allowed on this ground alone. Judgment and order passed by the Lower Appellate Court is set aside on the ground that the persons for whose need release application was filed have died.;