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2005 Supreme(All) 134

MUKTESHWAR PRASAD
Mahesh Chand – Appellant
Versus
Additional Civil Judge – Respondent


Advocates:
R.K.Pandey, Ratnesh Kumar Pandey, S.K.Shukla,

MUKTESHWAR PRASAD, J.

( 1 ) BY means of this petition under Article 226 of the Constitution of India the tenant has prayed for quashing the impugned order dated 22. 2. 2002 passed by respondent No. 1 (Prescribed authority) (Annexure-5 to the writ petition) whereby the authority rejected the application of the tenant for recalling the witnesses who had filed their affidavits in support of the application of the landlord for release of the shop in question under Section 21 (1) (a) of the Uttar Pradesh urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the act ).

( 2 ) IN brief, the petitioners allegations are that he is tenant of the shop in question and respondent no. 2 is landlord. The landlord moved an application under Section 21 (1) (a) of the Act before the Prescribed Authority for release of the shop in dispute on the ground that he required the aforesaid shop to establish business of his sons Naveen Kumar and Ashok Kumar who wanted to start business of readymade garments. In P. A. Case No. 10 of 1987 Ram Kishore v. Mahesh chand the tenant appeared and filed his objection against the release application. The landlord in support of h











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