JUDGMENT

BHARUCHA, J.—The appeal is directed against the judgment and order of the High Court at Allahabad allowing the writ petition filed by the respondents and ordering that the appeal, the order which was impugned in the writ petition, should be decided afresh in the light of the observations made in its judgment.

2. The appellants are the landlords and the respondents the tenants. The appellants filed an eviction petition against the respondents under Section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground that they bona fide required the tenanted premises, a shop, for their own use. The prescribed authority under the said Act dismissed the eviction petition holding that the appellants requirement was not bona fide and that greater hardship would be caused to the respondents than to the appellants. The appellants filed an appeal and the appellate authority allowed the same holding that the requirement of the appellants was genuine and bona fide. It also held in favour of the appellants upon the aspect of comparative hardship.

3. The respondents thereupon preferred the writ petition (being CMWP No. 32805 of 1990) in the Allah