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2010 Supreme(All) 1476

S.C.CHAURASIA
Vidyawati – Appellant
Versus
Additional District Judge Lakhimpur Kheri – Respondent


Advocates Appeared:
Petitioner Counsel: Mohd. Aslam Khan
Respondent Counsel: C.S.C., S.K.Mehrotra

JUDGMENT

1. This writ petition under Article 226 of the Constitution of India, has been filed with the prayer that by a writ of certiorari, Judgment and order dated 02-09-2009 (Annexure No. 12 to the writ petition) passed by learned Additional District Judge, Court No. 4, Lakhimpur Kheri, may be quashed.

2. The brief facts, giving rise to the present writ petition, are that the applicants, Ram Gopal Shekhar and Krishna Gopal Shekhar, moved an application under section 21 of the Uttar Pradesh Urban Buildings(Regulation of Letting, Rent and Eviction)Act, 1972 (hereinafter referred to as U.P. Act No. XIII of 1972), with the prayer that the shop in question may be released in favour of the applicants after eviction of the opposite parties on the ground that they are owner-landlords of the shop in question as detailed and described in the application and the opposite party is the tenant in the said shop at the monthly rent of Rs. 250/-. When the said shop was let out to the opposite party, it was not required for the business purpose. Now, the applicant no. 1 has three sons, aged about 23 years, 21 years and 19 years, and the applicant no. 2 has two sons, aged about 22 years and 20 years












































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