GANGA PRASAD AND ANR. Vs. VINOD KUMAR KEDIA

JUDGEMENT

(1.) The writ petition was allowed after hearing Sri Tarun Verma learned Counsel for the petitioner and Sri Wajid Ali learned Counsel for the respondent in the open court. It has been brought to my notice that the order has been uploaded without correction and signature. In view of that the order dated 07.01.2010 is recalled and following order is being passed.

(2.) This writ petition has been filed for issuing a writ of certiorari quashing the impugned judgments and orders dated 16.4.2008 passed by Prescribed Authority/Judge Small Causes Courts, Gorakhpur in P.A. Case No. 22 of 2003 (Vinod Kumar Kedia v. Ganga Prasad and Anr.) and 16.12.2009 passed by Additional District Judge (Court No. 1) Gorakhpur in Rent Appeal No. 8 of 2008 (Ganga Prasad and Anr. v. Vinod Kumar Kedia) respectively. Vide order dated 16.04.2008 the application of the respondent (Landlord) Vinod Kumar Kedia filed under Section 21(1)(a) of the U.P. Act No. 13 of 1972 was allowed with the direction to vacate the premises within a period of one month and to hand over the possession to the landlord. By the subsequent order the petitioner's appeal was dismissed.

(3.) The facts giving rise to this case are that the petitioner happens to be tenant of a shop situated in Mohalla Sheshpur, Gorakhpur Janta Ghee Bhandar Purdilpur, Jublee College, Road, Gorakhpur. The said shop was given on rent to the petitioner in the year 1942. It appears later on, the entire building including the shop was purchased by the present respondent on 04.06.1992 and thereafter landlord has filed an application on 18.11.2003 for releasing the said accommodation on the ground of personal need stating therein that the son of the landlord namely Sri Anil Kedia who has passed B.Com. examination and married one wants to set up a business in the disputed premises.