- (1.) These two writ petitioners arise out of proceedings taken by the landlords under section 21(1) (a) and 21(8) of U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the act). The reference as to the parties in this judgment shall relate to write petition No. 45968 of 1993.
(2.) Briefly stated the facts arising out of these writ petitions are that the petitioners are landlords of House No. 5, Arjun Road (Nehru Road), Dehra Dun. The disputed house was allotted to the shalini Menorial society and school, Dehra Dun, Respondents no. 1 on 25.1.1973. The landlords filed an application for release of the building in question in the year 1982 under Section 21 (1) (a) of the Act on the ground that they require it bona fide for their personal need.
(3.) The application was contested by the tenant-respondent no. 1 on the ground that the need of the landlords was not bona fide. It was further objected that the building was let out to an educational society and in view of the provisions of Section 2(b) and 2(q) of the Act, the provisions of the Act are not applicable. The prescribed Authority recorded a finding that the need of the landlords was bona fide and they will suffer a greater hardship in case their application is rejected but rejected the application on 20.5.1983 on the ground that the provisions of the Act are not applicable as the building vests in respondent no.1 as it was an educational institution.;