PARVATI DEVI Vs. JUDGE SMALL CAUSES COURT GORAKHPUR

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This writ petition has been preferred for quashing of the order dated 4.9.2010 passed by Judge, Small Causes Court, Gorakhpur, Respondent No. 1 in P.A. Execution Case No. 12 of 2009: Piyush Kumar v. Parvati and Ors., appended as Annexure-1 to the writ petition by which Paper No. 49-Ga has been rejected as well as for issuance of a direction restraining the Respondent No. 1 from enforcing the order dated 28.10.2006 releasing the accommodation in question and also to restrain it from commanding forcible eviction of the Petitioner from the building in question.

(3.) The brief facts of the case are that the Respondent No. 2, Piyush Kumar-landlord filed an application under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972, which was registered as P.A. Case No. 02 of 2001 for release of the shop in dispute for his son Sudesh Kumar. The Petitioner is alleged to be tenant of the said shop for the last 100 years. The Petitioner after receiving notice by the Prescribed Authority filed objection against the release application and denied the bona fide need and comparative hardship set up by the Respondent-landlord for his son who is not unemployed. The Prescribed Authority-Respondent No. 1 allowed the release application on 28.10.2006.