RAVI PRAKASH Vs. IVTH ADDL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) The dispute in this case is regarding a shop situated in Arat Bazar, Mohalla Gulam Aulla Gangoh, district Saharanpur. The respondent No. 2, who is the landlord of the disputed shop moved a combined application under Section 21 (1) (a) and 21 (1) (b) of U. P. Act No. XIII of 1972 (hereinafter referred to as "Act") against the petitioner, who is the tenant of the shop being P. A. No. 7 of 1985. The said application for release of the respondent No. 2 was rejected by the prescribed authority, Saharanpur by Judgment Annexure-8 to the writ petition, on 15.2.1989. Aggrieved by that order, the respondent No. 2 preferred appeal No. 38 of 1989, under Section 22 of the Act which has been allowed by the respondent No. 1 on 17.7.1997 by Judgment, Annexure-11 to the writ petition and he has ordered that the shop in dispute be released in favour of the respondent No. 2. Aggrieved by it, the petitioner-tenant has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India requesting for quashing of the order of the respondent No. 1 dated 17.7.1997, Annexure-11 to the writ petition.

(2.) I have heard Sri R.K. Jain, learned senior advocate assisted by Sri P. K. Jain, learned counsel for the petitioner and Sri Rajesh Tandon learned senior advocate for the respondent No. 2.

(3.) The first argument of the learned counsel for the petitioner is that the joint application under Section 21 (1) (a) and 21 (1) (b) of the Act is not maintainable. That the need is not required to be considered for release under Section 21 (1) (b) and the consequence mentioned in Section 24 will follow in case the release is allowed under Section 21 (1) (b). That, therefore, in this case only need can be considered and release under Section 21 (1) (b) cannot be considered.