LAWS(UTN)-2011-6-59

ANUP KUMAR S/O LATE SRI BIJENDRA AND ANURAG KUMAR S/O LATE SRI BIJENDRA Vs. JAGDISH PRASAD S/O LATE SRI KRISHNA LAL AND ARUN KUMAR S/O LATE SRI BIJENDRA

Decided On June 07, 2011
Anup Kumar S/O Late Sri Bijendra And Anurag Kumar S/O Late Sri Bijendra Appellant
V/S
Jagdish Prasad S/O Late Sri Krishna Lal And Arun Kumar S/O Late Sri Bijendra Respondents

JUDGEMENT

(1.) Stay Application No. 5159 of 2011)

(2.) LEARNED Counsel for both the parties are ready to argue the writ petition finally today at the admission stage without counter version of the Respondents.

(3.) BY means of this writ petition, the Petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 17 -3 -2007 passed by the Prescribed Authority/1st Additional Civil Judge (Senior Division) Dehradun (for short the Prescribed Authority) and the judgment and order dated 4 -5 -2011 passed by the III Additional District Judge, Dehradun (Annexure Nos. 3 and 6 to the petition). By the order dated 17 -3 -2007, the learned Prescribed Authority has allowed the release application of the Respondent No. 1 moved under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (for short the Act) and directed the Petitioners to vacate the shop in question within a period of thirty days and to deliver vacant possession to the applicant -Respondent No. 1. By the order dated 4 -5 -2011, the appellate court modified the order passed by the Prescribed Authority to the extent that the Petitioner -Appellants shall handover peaceful vacant possession of the tenanted premises to the Respondent within one month and the Respondent No. 1/landlord is directed to pay the compensation equivalent to two years' rent to the Petitioners.