RAJENDRA KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) Heard learned Sri Manish Kumar Nigam, counsel for the petitioner and Sri Arpit Agrawal, Counsel for the respondent.

(2.) Petitioners by means of present writ petition have challenged the judgement and order dated 31.1.2017 passed by Civil Judge (Senior Division)/Prescribed Authority, Pilibhit allowing the P.A. Case No. 18 of 2014 (Raj Kumar Vs. Yashwant Singh and another) and the judgement and order dated 24.9.2019 passed by Third Additional District & Sessions Judge, Pilibhit dismissing the P.A. Appeal No. 5 of 2017 (Yashwant Singh (deceased) and others Vs. Raj Kumar) filed by the petitioners against the order dated 31.1.2017.

(3.) Facts, in brief, are that the respondent-landlord (hereinafter referred as 'respondent') filed a release application under Section 21 (1) (a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as 'U.P.Act No. 13 of 1972' ) for release of a shop (hereinafter referred as 'disputed shop') situated in Mohalla Khushimal opposite Chhipiyan Masjid, Station Road, Pilibhit against petitioners-tenant (hereinafter referred as 'petitioners'). The need set up by the respondent was that the disputed shop is required for setting up a mobile phone shop and its accessories for the respondent and his son. It is further averred that the respondent has taken a shop on rent at Rs.1260/- per month for doing business opposite the disputed shop in the market of Jaiveer Singh Parmar. It is further averred that the release of the disputed shop would satisfy the need of the respondent and his son.