(1.) By the present writ petition, the petitioner has prayed for quashing of the order dated 23.12.2002 and decree dated 24.12.2002 passed by the Prescribed Authority as well as the order passed by the appellate Authority dated 25.3.2003 and decree dated 2.4.2003 contained in Annexure 3 to 6 of the writ petition. Factual Background of the case.
(2.) Briefly stated the application was filed under Sec. 21 of the U.P. Act No. 13 of 1972 stating therein that the landlord respondent is the owner of the property situate at Rudraprayag near Bus Station on Badrinath and Rishikesh Road. The shops have been shown from the letters a, b, c, d and both the shops are adjoining to each other. The shop in dispute was let out by the father of the landlord to Hansraj, the father of Sri Ashcharya Lal at the rate of Rs. 100.00 per month. The shops situate on the first floor whereas the houses are situate below the shops. The rooms, which are below the shops are being used for residential purposes of the landlord.
(3.) The petitioner has denied the averments made in the application and in Para 6 of the written statement it has been stated that the son of the landlord has got at licence for running the grain dealer business and the same is being done of his house itself. He has stated that the second son Naresh Prasad has got a shop at main Bazaar in the name of 'Nauital Pan Bhandar' and two other sons are students.