S.U.KHAN, J. - (1.) HEARD Sri Arvind Srivsatava, learned Counsel for the pe­titioner. In spite of sufficient service no one appeared on behalf of legal repre­sentatives of tenant respondent No. 2.
(2.) THIS is landlord's writ petition arising out of eviction/release proceed­ings initiated by them against respondent No. 2, Rameshwar Prasad, 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. 38 of 1980. Property in dispute is residential and contains four rooms, rent of which is Rs. 10/- per month. The number of the property in dispute is house No. 22 and it is situate at Mohalla Kushtiyana, Sainyer Gate, Jhansi. Landlords stated that they had three rooms in their possession, on the first floor over the tenanted property in dispute. The landlord petitioner No. 1, Narain Das had met with an accident and had lost both his legs, hence it was extremely inconvenient for him to be carried over and down the stairs. It was also pleaded that at the time of filing of release application families of both the landlords, who were real brothers consisted of 13 members. It was further stated that son of appli­cant No. 1 was aged about 21 years and his marriage was being delayed due to paucity of accommodation. Tenant pleaded that on the ground floor apart from the tenanted ac­commodation, landlords had six more rooms and on the first floor also instead of 3, landlords had four rooms. Prescribed authority issued commission to an Advocate to submit his report after inspection. The commissioner showed that tenant had four rooms one varandaha/gallary and courtyard and latrine in his possession and landlord had three rooms and latrine in their possession on the first floor. Both the landlords had wives and 8 children aged in between 21 years and 2 years. Their mother was also residing with them.
(3.) THE tenant had 9 members in his family. Tenant had pleaded that one room had been let out by the landlord to another person. Landlords stated that the said room was quite separate and could not fulfill their need. Prescribed Authority, Jhansi, through judgment and order dated 8.3.1982 allowed the re­lease application. Against the said judgment and order tenant respondent No. 2 filed R.C. Appeal No. 19 of 1982.;