MAHESH KUMAR Vs. I ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has challenged the order dated 23-10-1981, passed by I Additional District Judge, Nainital, in Rent Control Revision No. 40 of 1980 and Rent Control Revision No. 42 of 1980, whereby the judgment and order dated 20-03-1980, passed by the Rent Control and Eviction Officer, Kashipur, releasing the shop in question under Section 16 read with Section 12 of the U.P. Act No. 13 of 1972, is set aside.

(2.) HEARD learned counsel for the parties.

(3.) RESPONDENT No. 3 Ram Avtar, the occupant of the shop, filed his written statement before the Rent Control and Eviction Officer and denied that he was an unauthorized occupant in the shop. It is pleaded by him that he runs the shop in the name and style M/s. Babu Ram Radhey Shyam. He further alleged that Beni Ram and Radhey Shyam, sons of Babu Ram, were the tenants in the shop and after their death, he (respondent No. 3) is looking after the business. It is also denied by respondent No. 3 that the shop was in a dilapidated condition.