YOGESH KUMAR SAHU Vs. ABHISEHK BHARGAV

JUDGEMENT

(1.) Heard Mr. Arvind Vashisth, learned counsel for petitioner and Mr. Lok Pal Singh and Mr. Nikhil Singhal, learned counsel for respondent.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order dated 21.09.2011 passed by VI Additional District Judge Haridwar in Rent Control Appeal No.105 of 2010 Yogesh Kumar vs. Abhishek Bhargava and order dated 13.9.2010 passed by Prescribed Authority/Civil Judge (S.D.) Haridwar.

(3.) Brief facts of the case, as narrated in the writ petition are, that petitioner is tenant of the respondent/landlord in the shop in question at the rent of Rs.30/- per month. The shop in dispute was taken by the petitioner on rent from earlier landlord of the shop namely Sri Purshottam Lal and after purchasing the shop in dispute by respondent the petitioner is also paying rent to the respondent. The respondent filed release application u/s 21(1)(a) of U.P. Act No.13 of 1972 before the Prescribed Authority for release of the shop in dispute on the ground of his personal need. The petitioner/tenant contested the release application by filing written statement denying the averments made in the application and alleged that the need of landlord is not genuine and bonafide and that the landlord is also having other business.