S.D.Agarwala, J. - (1.) This is a petition under Article 226 of the Constitution of India arising out of proceedings for release under S. 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act.
(2.) The petitioners are the tenants. Respondent No. 1 is the landlord. The property in dispute is house No. 8/229, Arya Nagar, Kanpur. The prescribed authority initially dismissed the release application. The matter went up in appeal. The Additional District Judge, Kanpur, allowed the appeal on 2nd September, 1977. Against the said order a writ petition No. 1670 of 1977 was filed in this Court by the tenants. Satish Chandra J. as he then was, by his judgment dated 23rd Feb. 1978 allowed the petition and remanded the case for re-decision in the light of the observations made by him in the judgment. After remand again the 1st Additional District Judge decided in favour of the landlord on 2nd Aug. 1978. The petitioner has challenged the order dated 2nd August 1978 by means of the present petition m this Court.
(3.) Learned counsel for the petitioner has urged that under S. 21 (1) (a) of the Act the need of the married daughters of Shiv Narain Dass, the landlord, and the children of the daughters cannot be considered as they are not members of the family of the landlord within the meaning of sub-section (g) of Section 3 of the Act and as such the finding of the appellate court is vitiated in law. The second submission is that only the petitioner Shailendra Chaturvedi has gone to the south but the petitioners Nos. 1 and 3 still reside in the house and as such the finding in regard to the comparative hardship is also vitiated in law as the case of petitioners Nos. 1 and 3 has not been considered by the appellate court.;