MAHABIR PRASAD Vs. JAI DAYAL DALMIA

JUDGEMENT

(1.) The premises in dispute is western portion of premises No. 73/15. Collectorganj, Kanpur Nagar, consisting of one godown, one gaddi attached with a kothari and a varandah and open space on the ground floor. The respondent No. 1 is the landlord of the said premises and he moved an application for release of the same under Section 21 (1) (a) of U. P. Act No. XIII of 1972 alleging that his son, Shiv Hari Dalmia is without any employment and he want to establish the business of lubricant oil in the disputed accommodation. It was also pleaded that the locality is ideal for the said business. The application for release was opposed by the petitioner.

(2.) The learned prescribed authority, respondent No. 2 rejected the application for release on 23.2.1981 by judgment. Annexure No. 6 to the writ petition. Aggrieved by it, the respondent No. 1 filed appeal under Section 22 of the Act being appeal No. 22 of 1981. The said appeal has been allowed by the respondent No. 3 on 27.1.1992. Annexure No. 15 to the writ petition and the premises in dispute has been released in favour of the respondent No. 1. Aggrieved by the order of the respondent No. 3, the petitioner has filed the present writ petition invoking the extra-ordinary Jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) I have heard Sri P. N. Saksena, learned counsel for the petitioner. Sri Rajesh Tandon, senior advocate, assisted by Sri C. K. Parekh, learned counsel for the respondent No. 1.