(1.) HEARD Mr. Sharad Sharma, Counsel for the petitioner and Sri V.K. Bisht, Sr. Advocate assisted by Ms. Seema Sirohi, Counsel for the respondents. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the judgment and orders dated 19.8.2000 dismissing the petitioner's Rent Control Appeal No. 6 of 1997 and 28.2.1997 passed by the respondent No. 2 allowing the release application filed under Section 21 (1) (a) of U.P. Act No. 13 of 1972. FACTUAL ASPECTS OF THE CASE: - 1. Briefly stated, the proceedings were initiated under Section 21 (1) (a) of the Act by the landlord Sri Balbir Singh in respect of the premises within the municipal limits of Nagar Palika.
(2.) THE dispute in the present case relates to a shop situate in a part of premises being Municipal No. 29 Dhara Road, Pauri Garhwal of which respondent No. 3 Balbir Singh is owner and the petitioner is a tenant at the rate of Rs. 100/ -. The petitioner was inducted as tenant in the shop by the father of the respondent No. 3 Sri Balbir Singh.
(3.) BALBIR Singh respondent No. 3 has filed an application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 (hereinafter referred to as the act) in the Court of Prescribed Authority (Munsif) Pauri Garhwal (respondent No. 2) on 16.10.1985 seeking release of the shop in question on the ground that he is unemployed having eight dependents.