Sibghat Ullah Khan,J. Heard Sri Praful Tiwari, learned counsel holding brief of Sri L.P. Mishra, learned counsel for the petitioner and Sri R.P. Singh, learned counsel for tenants respondents no. 3 to 5. 2. Original petitioner Smt. Gulab Dei since deceased and survived by legal representatives filed release application under Section 21 of U.P. Act No. 13 of 1972 seeking release of the shop in dispute which was in tenancy occupation of respondents no. 3 to 5 on the ground of bonafide need for one of her sons Ram Adhar. Initially release application was allowed. However on appeal lower appellate court remanded the matter to the prescribed authority to decide the question of comparative hardship. Thereafter release application (R.C.Case No.12 of 1978) was rejected on the ground of comparative hardship through order dated 25.3.1983 by P.A./Munsif, Bahraich. Appeal (M.C.A.No.40 of 1983) filed against the same was also dismissed on 28.4.1984 by II A.D.J., Bahraich hence this writ petition. 3. The original petitioner Smt. Gulab Dei died on 18.5.1995 leaving behind two sons Triveni and Ram Adhar. Afterwards Ram Adhar for whose need the release application was filed also died on 25.9.2003. Now widow and two sons of Ram Adhar are the petitioners. 4. After the death of Smt.Gulab Dei title dispute arose between her two sons Triveni and Ram Adhar. However learned counsel for both the parties categorically state that now the said dispute has been resolved and another shop belonging to Smt.Gulab Dei has been given to Sri Triveni and the shop in dispute has come in the share of Ram Adhar and after his death his wife and two sons. 5. The property in dispute is situate in main Market of Bahraich rate of rent of which is Rs.22.50/-per month. 6. According to learned counsel for the tenants respondents the rent is being deposited in a case under Section 30 of the Act. 7. Learned counsel for the substituted petitioners states that two sons of Ram Adhar i.e. Anil Kumar and S.K.Gupta substituted petitioners no. 2 & 3 are also unemployed and doing no business so the same need subsists rather in a graver form. However under Section 21(7) of U.P. Act No. 13 of 1972 in such situation substituted heirs will have to set up their own need which will have to be examined by the Court. 8. 2 & 3 are also unemployed and doing no business so the same need subsists rather in a graver form. However under Section 21(7) of U.P. Act No. 13 of 1972 in such situation substituted heirs will have to set up their own need which will have to be examined by the Court. 8. No useful purpose would be served by remanding the matter after so much time and to permit the petitioners to get the original release application amended and insert their need therein. 9. Learned counsel for the respondents on being asked from the Court as to whether he considers the rent of Rs.22.50/-per month to bear any ratio with the current market rent of the shop in dispute very fairly states that by the passage of time rent has become highly inadequate and he further states that the tenants are ready to pay reasonable rent which may be fixed by the Court. 10. Accordingly without entering into merit of the case, writ petition is disposed of with the following directions:- (1) The substituted petitioners are at liberty to file fresh release application under Section 21 of U.P. Act No.13 of 1972 against the tenants respondents setting up their own need. If such an application is filed it shall be decided on the basis of evidence brought on record therein without being influenced by any earlier order passed by the prescribed authority or the lower appellate authority in the litigation in between Smt.Gulab Dei and contesting respondents. (2) With effect from September, 2013 onward respondents no. 3 to 5 shall pay rent to the landlords petitioners @ Rs.1500/-per month in total. No further amount as water tax etc. shall be payable. (3) The rent which has been deposited under Section 30 by the tenants respondents shall be permitted to be withdrawn by the petitioners. Learned counsel for the respondents has got no objection to this direction. After withdrawal of this rent by the present petitioners the liability of the tenants to pay the rent till August 2013 shall stand completely absolved and neither the petitioners nor the other heirs of Smt.Gulab Dei shall be entitled to claim any amount as arrears of rent till August, 2013. ________________