JAGANNATH ARORA Vs. DISTRICT JUDGE BULANDSHAHAR

JUDGEMENT

(1.) The tenant has filed this petition for quashing the order dated 6th September, 2010 passed by the Prescribed Authority by which the application filed by the landlord under section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the shop was allowed. The petitioner has also sought the quashing of the order dated 22nd October, 2011 passed by the District Judge, Bulandshahar by which the appeal filed by the petitioner for setting aside the order passed by the Prescribed Authority was dismissed. The landlord had filed the application under section 21(1)(a) of the Act for release of the shop for the need of his son Ankit Maheshwari who had passed the M. Com. Examination but was unemployed. The shop was, therefore, required to establish Ankit Maheshwari in cloth business since he had interest in it. It was stated that the tenant resides at Khurja but was doing a Cigarette Agency business in the shop in question. This application was allowed by the Prescribed Authority finding the need of Ankit Maheshwari to be genuine and bona fide. The tenant filed an appeal which has also been dismissed by the order dated 22nd October, 2011.

(2.) Learned Counsel for the petitioner submitted that it was necessary for the landlord to have served a notice on the tenant in terms of the first Proviso to section 21(1) of the Act for the reason that the landlord had purchased the property in 2002 from the earlier owner and since this notice was not served upon the tenant, the application could not have been filed and the orders passed on the application should, therefore, be set aside.

(3.) This contention of the learned Counsel for the petitioner has been dealt with and rejected by the Appellate Court with the following observation: