ARUN AGARWAL Vs. VISHESHWAR AGARWAL

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order dated 5.11.2007 passed by the Prescribed Authority/1st Additional Civil Judge (Senior Division) Dehradun (for short the Prescribed Authority) in Rent Control Case No. 48 of 2006 as well as the order dated 29.7.2011 passed by the learned Additional District Judge/V Fast Track Court, Dehradun in Rent Control Appeal No. 132 of 2007. By the order dated 5.11.2007 the learned Prescribed Authority has allowed the application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) moved by the landlord -respondents against the tenant -petitioner and directed the petitioner to vacate the disputed property within thirty days and deliver its possession to the landlords. The landlords were directed to pay amount of Rs. 200/ - as compensation to the petitioner. By the order dated 29.7.2011, the appeal of the petitioner has been dismissed by the appellate court.

(2.) RELEVANT facts giving rise to the present writ petition, in brief, are that the respondents are the landlords of the property no. 46, New No. 107, Darshani Gate Dehradun (for short disputed property) that the disputed property is a commercial accommodation, which was let out to one Krishna Chandra Agrawal and after his death, the petitioner is a tenant therein at the rate of monthly rent of Rs. 1965/ -. The release application has been moved on the ground of bona fide and genuine need for the son and daughter -in -law of the landlords.

(3.) THE release application has been contested by the petitioner. He denied the allegations made in the release application and asserted that the applicant -respondents have sufficient residential accommodation and that in case the release application is allowed, the petitioner would suffer greater hardship than the landlords.