PEER MOHAMMAD Vs. DISTRICT JUDGE JALAUN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order dated 23.5.1995 (Annexure-12 to the writ petition) passed by the respondent No. 1 and further for issuance of a writ commanding the respondents not to give effect and not to implement the impugned order and not to evict the petitioner from property in dispute in pursuance thereof.

(2.) Brief facts, as stated in the writ petition, are that the contesting respondent Nos. 2 to 26 claiming themselves to be the landlord of the premises in question filed an application under Sections 21 (1) (a) (b) and 2 of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act). It was alleged in the application for release that the heirs of Abdul Gafoor had let out one room and open land measuring 10 feet to the petitioner but the petitioner has wrongly claimed in his tenancy 60 feet 85 feet land along with one room and chhappar. It was further pleaded that there was a family settlement between the landlords and they set up a claim of bona fide need and sought relief under Section 21 (1) (a) (b) of the Act. The application of the landlord was contested by the petitioner on the ground that the applicants have no right to file the release application nor their need is genuine nor the building in dispute is In dilapidated condition. The opposite parties had filed affidavit of Abdul Hameed son of Abdul Shakoor dated 14.12.1987, affidavits of Mohammad Saleem, D. C. Dubey, Junior Engineer, Abdul Rashid, Khursheed Ahmad, Mohammad Alim. On the other hand, the petitioner also filed affidavit of himself. Mohammad Naim and Abdul Hameed.

(3.) The prescribed authority also appointed Advocate-Commissioner who had submitted his report 67C and map. The prescribed authority considered the evidence available on record and rejected the release application on 21.7.1994 with the finding that the landlord has failed to establish the bona fide, need and building in dispute has fallen down therefore, the application is not maintainable.