- (1.) YATINDRA Singh, J. Sri Zahoor Ahmad and Sri Mahmood Ahmad (the contesting respondents) are the landlord of the premises in dispute. Sri Maqsood Hussain (the petitioner) is the tenant of the same. The contesting respondents are living in a tenanted premises. They filed an application under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (the Act) for release of the premises in dispute. This application has been allowed by the Court below on the ground that need of the landlord is bonafide and greater hardship will occasion to him in case his application is rejected, hence the present writ petition.
(2.) THE Courts below have held that there are 14 members in the family of contesting respondents and as such the need of the contesting respondents is bona fide. THE Courts below have also held that in view of the fact that the contesting respondents are living in a tenanted house greater hardship will occasion in case ap plication is dismissed. These are findings of fact. There is no illegality. The writ petition has no merit. It is dismissed. The contesting respondents are living in a tenanted premises. The result of dismissing of this writ petition is that they are entitled to get vacant possession of the premises in dispute. In such an event there would be a vacancy so far as that premises is concerned in which the contesting respondents are living as a tenant. The petitioner has been living for a very long time and is being evicted in a proceedings under Section 21 of the Act as such in case the petitioner applies for allotment of the premises in which the contesting respondents are residing that application may be sym pathetically considered in accordance with law. The petitioner may also be not evicted for a period of six months from today provided he files an undertaking in the form or an affidavit before the prescribed authority concerned within one month from today that he will handover the peaceful possession of the premises within six months and also pay the rent for the period of his occupation. With these observations the writ petition is dismissed. Petition dismissed. .;