(1.) BY the present writ petition the petitioner has prayed for quashing of the orders dated 21.10.1997 and 28.9.1993. Further mandamus has been prayed not to evict the petitioners. Briefly stated, an application under section 21(1)(a) of U.P. Act No. 13 of 1972 was filed praying for the eviction of the petitioner who is a tenant on a sum of Rs. 800/ - per year. The respondent No. 3 landlord has submitted that since 1980 no rent has been paid by the petitioner. It was submitted that in the family of the respondent No. 3 there are following members:
(2.) THE petitioner has contested the application and has stated that there is no need of the premises to the landlord. On behalf of the landlord/respondent No. 3 affidavit was filed (paper No. 64 -Ga) stating therein that Sanjay Joshi is not employed anywhere.
(3.) ON the contrary, the landlord has filed the documents that in 1982 Sanjay Joshi has passed the B.A. Examination and paper No. 70 -Ga and 71 -Ga supports his aforesaid contention of the landlord.
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