Prem Singh vs Additional District and Sessions Judge/Spl. Judge-3, Gorakhpur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1217

J. J. MUNIR
Prem Singh – Appellant
Versus
Additional District and Sessions Judge/Spl. Judge-3, Gorakhpur – Respondent

Advocates Appeared:
For the Petitioner: Mr. Adya Prasad Tewari.
For the Respondent: Mr. Arvind Srivastava.

JUDGMENT :

This writ petition has been filed by Prem Singh, now deceased and represented by his heirs and LRs, assailing two orders of release, passed under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, ''the Act'), relating to two distinct tenements in House No. C/105/119, Tehsil Sadar, District Gorakhpur. The orders of release passed separately by the Prescribed Authority relating to both the tenements in House No. 105/119 (supra), for short, 'the house in question', have been affirmed in two separate appeals by the Appellate Authority, under Section 22 of the Act, both the appeals being preferred by Prem Singh.

2. The facts leading to this writ petition are these: Smt. Uma Shukla, mentioned in the cause title of the writ petition as Smt. Uma Devi Shukla, wife of Basant Shukla, instituted two separate proceedings under Section 21(1)(a) of the Act against two different tenants, occupying different parts of the house in question. P.A. Case No. 37 of 2013 was instituted by Smt. Uma Shukla (for short, 'the landlady') against Smt. Prabhawati Devi widow of the late Seeta, Shrawan and Gopal,