S.U.KHAN, J. - (1.) HEARD learned Counsel for the petitioner as well as learned Counsel for the landlords-respondents who appeared through caveat.
(2.) THIS is tenant's writ petition arising out eviction/release proceedings initiated by landlord-respondent No. 2 Smt. Nafisa Begum 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 Rent Case No. 29 of 2002. Prescribed Authority/A.C.J. (J.D.)/Court No. 1, Kanpur Nagar through judgment and order dated 5.3.2005 dismissed the release application. Against the said judgment and order landlady-respondent No. 2 filed rent appeal No. 27 of 2005. A.D.J., Court No. 5, Kanpur Nagar through judgment and order dated 21.5.2008 al­lowed the appeal, set aside the order passed by the Prescribed Authority and allowed the release application of the landlord. The writ petition is directed against the aforesaid judgment order of the Appellate Court. Property in dispute is a shop having two portions/rooms/Khans one in the front and the other at the back. Rate of rent is Rs. 550/- per month. Landlady stated that she had following sons : 1. Mohd. Iqbal (32 years); 2. Mohd. Shahid (30 years); 3. Mohd. Zakir (26 years); 4. Mohd. Mehfooz (24 years); 5. Mohd. Mehraz (22 years); 6. Mohd. Shakir (20 year); 7. Mohd. Mahmood (16 years)' 8. Mohd. Shahnawaz (14 years).
(3.) IT was further stated that eldest son Mohd. Iqbal was running a PCO in a shop near the shop in dispute and he (Mohd. Iqbal) was also Secretary of a fair price shop run by a co-operative society in another area of same city Kanpur.;