( 1 ) HEARD learned Counsel for the parties.

( 2 ) THIS is landlords writ petition arising out of eviction/ release proceedings initiated by original landlord petitioner Bachchu Lal since deceased and survived by his widow on the ground of bonafide need under Section 21 of U. P Act No. 13 of 1972 in the form of Rent Case No. 170 of 1975.

( 3 ) IN the release application, it was stated that landlord required the shop in dispute for himself (as he had retired) and for settling Ghanshyam one of his five sons. Prescribed authority/ Special chief Judicial Magistrate, Kanpur Nagar through judgment and order dated 28. 10. 1991, allowed the release application. However prescribed authority awarded twenty months rent amounting to rs. 625/- as damages to the tenant. Against the said judgment and order original tenant respondent No. 3 Baij Nath filed Rent Appeal No. 218 of 1991. Rent Appeal was allowed by IX a. D. J Kanpur Nagar on 24. 12. 1994 hence this writ petition.

( 4 ) DURING pendency of writ petition both the original landlord as well as original tenant died. Landlord has been substituted by his widow who has stated that she requires the shop in dispute to settle her son