Yogendra Kumar Srivastava - (1.) Heard Sri Anil Kishore Sharma, learned counsel for the petitioners and Sri Suresh Chandra Tripathi and Sri Dharmendra Kumar Tripathi, learned counsel appearing for respondent nos.1, 2 and 3.
(2.) The present petition has been filed seeking to challenge the order dated 26.07.2014 passed by the Prescribed Authority/Civil Judge (Senior Division), Court No.8, Jaunpur whereby the application (Application No.4ga) filed by the respondent-landlords under Section 21(1)(a) of U.P. Act No.13 of 1972 for release of the premises in question, was allowed. The petitioners have also sought to challenge the order dated 18.03.2019 passed by the II-Additional District Judge, Jaunpur whereby Appeal No.05 of 2014 filed by the petitioner-tenants has been dismissed.
(3.) The only point which has been urged is that although a specific ground with regard to non-compliance of six months' mandatory notice in terms of the first proviso to Section 21 was taken in the grounds of appeal but the Appellate Authority while considering the issue of validity of notice has brushed aside the same by accepting the argument of respondent-landlords that since more than three years had elapsed from the date of purchase of the house in question, the requirement of six months' notice was not there. In this regard, the Appellate Authority has placed reliance upon the judgment in the case of Anwar Hasan Khan Vs. Mohd. Shafi & Ors., 2001 8 SCC 540;