Sudhir Narain Agarwal, J. - (1.) THIS writ petition is directed against the order dated 23.10.1999 passed by the Appellate Authority respondent No. 2 rejecting the application of the petitioners for permitting them to file written statement. The facts, in brief, are that Smt. Jameela Begum - -respondent No. 1 filed an application in the year 1991 for release of the shops in question against Kamar Ahmad and Aftab Ahmad on the allegations that they are tenants. The shop in question was required by respondent No. 1 to establish her sons in business. These tenants contested the application.
(2.) THE Prescribed Authority, after considering the material evidence on record, came to the conclusion that the need of the landlady was bona fide and released the shops in question vide order dated 20.9.1993. Respondent Nos. 3 and 4 filed Rent Appeal No. 295 of 1993 which is still pending. During the pendency of the appeal, the petitioners filed separate appeal along with an application under Section 5 of the Indian Limitation Act to condone the delay on the ground that Niyaz Ahmad was tenant of the shops in question and after his death, his rights were inherited by his widow Smt. Amna Niyaz Begum, petitioner No. 1, his two sons, Kamar Ahmad and Aftab Ahmad, respondent Nos. 3 and 4 and the four daughters, Smt. Firdaus Begum, Smt. Tahsim Begum, Smt. Sahana Begum and Rizwana Begum, petitioner Nos. 2 to 5.
(3.) THE Appellate Authority condoned the delay in filing the appeal. After the appeal having been admitted, the petitioners filed an application that they should be permitted to file written statement. This application has been rejected by respondent No. 2 by the impugned order dated 23.10.1999.;