J.C.Gupta, J. - (1.) This is landlord's petition. This writ petition is directed for quashing the orders passed by respondent Nos. 1 and 2 respectively as contained in Annexures-8 and 11 to the writ petition.
(2.) The dispute relates to a shop situated in premises No. 8/36, Arya Nagar, Kanpur, which is under the tenancy of respondent No. 3. The petitioner-landlords moved an application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 for the release of the disputed shop in their favour on the ground that the said accommodation is bona fide required by the landlords for their residential use as number of their family members have increased and the accommodation which was in their accommodation was not sufficient to cater their need. The application was contested by the tenant and the defence was that the need of the landlord was not bona fide and there is sufficient accommodation with them.
(3.) On appraisal of the evidence filed by respective parties, both the courts below have recorded categorical finding of fact against the landlord-petitioner that their need for additional accommodation was not bona fide. The question of comparative hardship has also been answered against the petitioner.;