- (1.) HEARD learned Counsel for the parties.
(2.) THIS is landlady's writ petition arising out of eviction/release proceedings initiated by her against tenant-respondent No. 2, Keshav Babu Dixit 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. 19 of 1999. Property in dispute is a shop, which was sought to be released for the need of Surendera Bahadur son of landlady. Release application was allowed on 03. 04. 2001 by Prescribed Authority/additional Civil Judge (Senior division), Kanpur Nagar. Against the said judgment and order, tenant-respondent filed Rent Appeal No. 37 of 2001. A. D. J. /special Judge, SC/st Act, kanpur Nagar allowed the appeal on 19. 01. 2002, set aside the judgment and order passed by the Prescribed Authority and rejected the release application of the landlady, hence this writ petition.
(3.) DURING pendency of this writ petition, Sri Surendra Bahadur son of the landlady for whose need release application was filed, died. An amendment application was filed, which has been allowed. Through the said application, it has been stated that the business proposed to be carried out by Surendra bahadur, would now be done by his wife and son.;