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2005 Supreme(All) 2030

S.U.KHAN
Jai Kishan Prasad Khandelwal Chhotey Lal Gupta – Appellant
Versus
VIIth Additional District Judge, Dau Dayal Shanker Lal – Respondent


Advocates:
MANISH GOYAL, Pradeep Kumar, R.P.Goyal,

S. U. KHAN, J.

( 1 ) THIS is landlords writ petition arising out of eviction/release proceedings initiated by him against respondents 2 and 3 Dau Dayal and Chandra Bhan, the tenants on the ground of bonafide need under Section 21 of UP. Act No. 13 of 1972. All the parties i. e. original petitioner landlord as well as both the tenants i. e. respondent Nos. 2 and 3 have died and have been substituted by their legal representatives. Property in dispute is a shop. Release application was filed for the need of one of the sons of landlord who is now one of the petitioners in the writ petition. Release application was registered as P. A. case No. 2 of 1980. Prescribed Authority/1st additional Civil Judge, Agra through judgment and order dated 26. 3. 1982 allowed the release application against which tenants-respondents Nos. 2 and 3 filed rent control appeal No. 32 of 1983. VII A. D. J. , Agra through judgment and order dated 27. 2. 1985 allowed; the appeal set aside the judgment and order of the Prescribed authority and rejected the release application hence this writ petition by landlord. Shop in dispute is situate in premises No. 6/240 Belanganj, agra. Rate of rent is Rs. 60/- per month













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