LAWS(UTN)-2011-3-70

VISHWANATH AGARWAL Vs. TARA SATI

Decided On March 15, 2011
VISHWANATH AGARWAL Appellant
V/S
TARA SATI Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and perused the record.

(2.) By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari for setting aside the judgment and order dated 13-10-2006 passed by the Prescribed Authority/Civil Judge (Junior Division) Ramnagar, Nainital, in Rent Case No. 10 of 2005 as well as judgment and order dated 3-3-2011 passed by the District Judge, Nainital, in Rent Control Appeal No. 14 of 2006. By the order dated 13-10-2006, the Prescribed Authority had 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) of the landlords and directed the Petitioner to deliver possession of the shop in question to them within a period of 30 days, as mentioned in the order. By the order dated 3-3-2011, the appeal preferred by the Petitioners against the order dated 13-10-2006 has been dismissed by the appellate court.

(3.) Relevant facts necessary for disposal of the present writ petition, in brief, are that the Respondents herein filed an application for release of the shop in question under Section 21(1)(a) of the Act before the Prescribed Authority alleging therein that they are the landlords of the shop in question, which was let out to the Petitioners on monthly rental of Rs. 200/-. Two sons of applicant No. 1 Tara Sati had died and children of both the sons are living with her. Smt. Champa Sati (applicant No. 2) is widow of elder son Bharat Ratna Sati. She has one son and three daughters, who are of marriageable age. Younger son Deep Sati left behind him two daughters and one son. The elder grandson of the applicant No. 1 has attained age of 20 years and he wants to engage himself in business, being unemployed. The applicants have no other shop to engage him in business except the shop in question. The need of the applicants for the shop in question is bona fide and genuine. Hence the release application was moved.