HARI CHAND Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE property in dispute in non -residential shop No. 311 (old) and 277 New situated in Kabari Bazaar, Meerut City. The application for release under Section 21(1)(a) of U.P. Act No. XIII to 1972 was filed by the landlords -respondents against the petitioner and his brothers and Ramlal. The application for release was allowed by the Prescribed Authority by judgment (Annexure 9 to the writ petition) on 24.4.1999. Against that order, the petitioner preferred an appeal under Section 22 of the U.P. Act No. XIII of 1972, being appeal No. 147 of 1999 which was also been dismissed by the Additional District Judge, Meerut on 22.3.2001 by judgment, Annexure 11 to the petition. The petitioner has, therefore, invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. It is contended that the petitioner is tenant of the shop in dispute and carrying on business in the same. The Court below has erred in recording the finding that his brothers were tenants of the shop in dispute and that the Court below has also erred in recording the finding that the petitioner is not in possession of the shop.

(2.) I have heard Sri P.K. Jain, learned Counsel for the petitioner and Sri Pankaj Mittal, learned counsel for respondent Nos. 2 to 8.

(3.) IN view of the above, the petition is without merit and is hereby dismissed.