Shitla Prasad Srivastava. J.

This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the judgment and order, dated 23-4-1985 passed by the respondent No. 1 (IInd Addl. District Judge] Saharanpur) which has been filed as (Annexure 16 to the writ petition).

2. BRIEF facts, as stated in the writ petition, are that the petitioners claimed themselves to be the owner and landlord of shop bearing Municipal No. 4/1, Bomanji Road, Saharanpur (hereinafter referred to as disputed shop). The petitioners sought a relief by filing an application under Section 21 (l)(a) of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act). The application was filed on 22-9-1980 against the respondent No. 3, tenant in occupation, showing the need for the shop is bona fide and genuine and greater than that of the alleged need of the tenant. The need which was shown in the application was that the petitioner Nos. 1,3 and 4 have attained the marriageable age and are not being married and their marriages are being postponed on account of the fact that they do not have any permanent business and a permanent source of earning. It was st