Yatindra Singh, J. - (1.) Petitioners are the landlords. They filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act for short). They filed an application under Section 21 (1) (a) of the Act for the release, which was dismissed on 22.9.1993. Their appeal was also dismissed on 16.9.1996. They have filed this writ petition for quashing of the orders. FACTS :
(2.) Petitioners are the landlords. Uttar Pradesh Basic Shiksha Parishad (the Parishad for short) is their tenant. It pays a rent of Rs. 34 per month. It runs a primary school in the premises in dispute. Forty children study there. Petitioner landlords have large family. The family of the petitioner No. 1 consists of himself, his wife, two daughters and one son. The family of petitioner No. 2 consists of his wife, one daughter and one son. They are nine in numbers. They live in the old ancestral house, which is too small. Their children are studying and require separate rooms for study. They are not able to do so ; there is no space. It is for this reason that petitioners filed the present application for the release of the premises in dispute.
(3.) The prescribed authority held the need of the landlord to be bona fide, but looking the need of the children studying in the premises held that greater hardship would cause to them than to the landlord in case the application is allowed. He further held that application is not maintainable in view of Section 21 (8) of the Act.;