UDHAV PRASAD Vs. ADDL. DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) By means of present writ petition the petitioner has challenged the order dated 21.11.2009, passed by learned Additional District Judge, Court, No. 4, Lakhimpur Khiri thereby dismissing the petitioner's rent appeal and also the order dated 13.10.2004, passed by the Prescribed Authority/A.C.J.M., Court No. 1, Lakhimpur Khiri by which the application under Section 21(1)(a) of the landlord/ respondent was allowed.

(2.) The facts in brief as submitted by the learned Counsel for the petitioner Sri 'Rohit Tripathi are that an application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, hereinafter referred as Act 13 of 1972 was moved by the respondents on 7.4.2000, inter alia stating therein that the shop No. 6 which is situated at Station Road, district Lakhimpur Khiri and bounded as under:

(3.) In the release application it was stated that the shop Nos. 5 and 6 were given/let out by the father of the respondent Nos. 3 to 8 (late Sri Parmatma Swaroop Srivastava) to the petitioner at the monthly rent of Rs. 500 each now the rent of the said shop are Rs. 600 per month for each shop. However, the tenant had not given the rent w.e.f. September, 1999 after the death of their father the respondent Nos. 3 to 8 need the shop No. 6 in order to carry out their livelihood as such keeping in view the dire and bona fide need of the family release application was moved in respect to shop No. 6 for the purposes of starting the electric business by Km. Karuna Srivastava on the basis of said facts a Case No. 4/2000 was registered before the respondent No. 2, i.e., Prescribed Authority/A.C.J.M., Court No. 1, Lakhimpur Khiri.