Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 5.10.1990 passed by respondent No. 1 allowing the appeal and releasing the disputed shop in favour of landlord-respondent No. 2 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act).
(2.) Briefly stated the facts are that an application under Section 21 (1) (a) of the Act was filed by respondent Nos. 2 to 6 claiming themselves co-landlords of the shop in question which was under the tenancy of Ram Kirti Saran. the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3. It was alleged that the shop was needed to establish Mukesh Kumar son of Rameshwar Saran Sharrna, respondent No. 2 in business who is unemployed. The tenant contested the application and dented that the disputed shop was required by him for carrying on business. In fact, he is already carrying on business of sale and repair of electrical appliances in Mohalla Reti. The prescribed authority rejected the application on 5.11.1988. The landlord-respondents filed appeal against the said order. The appellate authority on reversing the findings recorded by the prescribed authority allowed the appeal vide impugned order dated 5.10.1990.
(3.) I have heard Sri K. M. Dayal, senior counsel for the petitioners and Sri A. K. Sand, learned counsel for contesting respondents.;