S.U.KHAN, J. - (1.) HEARD learned Counsel for the petitioners as well as Sri Pankaj Naqvi, learned Counsel for the landlady respondent, who has appeared through caveat.
(2.) THIS is tenants' writ petition arising out of eviction/release proceedings initiated by landlady respondent on the ground of bona fide need under section 21 of U.P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P.A. Case No. 35 of 1996. Prescribed Authority/J.S.C.C., Bareilly allowed the release application through judgment and order dated 13.2.2003. Against said judgment and order, petitioners filed R.C. Appeal No. 4 of 2003, which was dismissed on 17.5.2008 by A.D.J./Special Judge, E.G. Act, Bareilly, hence this writ petition. Property in dispute is a residential house containing four rooms, rent of which is Rs. 80/- per month. Landlady alongwith her family is residing in the adjoining house containing three rooms. Property in dispute is situate in town Faridpur District Bareily. In the release application, it was pleaded that family of the landlord consisted of herself, her husband, three sons aged about 30 years, 25 years and 22 years, and a married daughter, that one of the sons Mukesh was married and was having two daughters, that the other two sons Vinod and Vimal Babu were to marry soon, that landlady was residing in a house constructed only over an area of 30 square yards in the same mohalla/locality, that house in dispute was constructed over an area of 75 square yards.
(3.) TENANTS filed written statement and pleaded that landlady had an­other house constructed over an area of 100 square yards and had another plot of 200 square yards. It was further pleaded that Mukesh eldest son of the land­lady was residing in Town Bunda, District Shahjahanpur alongwith his fam­ily and was doing business there.;