DILIP GUPTA, J. - (1.) THIS petition has been filed by the landlords for setting aside the judgment and order dated 27th April, 2004 passed by the learned Additional District Judge, Room No. 2, Kanpur Nagar by which Rent Control Appeal No. 37 of 1999 filed by the tenants against the order dated 23rd January, 1999 passed by the prescribed authority allowing the application filed by the landlords under section 21 (1) (a) of the U.P. urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for eviction of the tenants from the shop in dispute was dismissed.
(2.) THE landlords had filed the application under section 21 (1) (a) of the Act alleging that the applicants were educated unemployed; that they bona fide needed the shop in dispute for starting the business of general merchant from the shop in dispute as they had no other place available with them and that the applicants were likely to suffer greater hardship in the event the ap­plication was rejected. The-tenants filed the objections and various affidavits were exchanged between the parties. The prescribed authority by the order dated 23rd January, 1999 al­lowed the application holding that the landlords bona fide required the shop for opening the shop of general merchant and that the applications were likely to suffer greater hardship in the event the application was rejected.
(3.) THE tenants filed an appeal under section 22 of the Act and during the pendency of the appeal, they filed an affidavit of Santosh Gupta by way of additional evidence. The landlords filed a reply to the said affidavit but no rejoinder affidavit was filed by the tenants. The appeal was allowed holding that the landlords did not bona fide require the shop and that the landlords were not likely to suffer greater hardship in the event the application was re­jected. The Appellate Court observed that the landlords were running a soap manufacturing factory which had been closed and, therefore, the said accom­modation could be used by them for the shop; that the possession of shop No. 3 in House No. 6, Rail Bazar Cannt., Kanpur Nagar which was under the tenancy of Heera Lal was handed over to the landlords in 1995 and, therefore, if there was any bona fide need, they could have utilised the said shop.;