BRIJ KISHAN AGARWAL Vs. SURAJ PRAKASH JAIN

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS writ petition has been filed by the petitioner/tenant for quashing the order dated 20/8/2009 in P.A. Case No. 9 of 1995 passed by the Prescribed Authority/IIIrd Additional Civil Judge Court No. 1, Agra, Suraj Prakash Jain v. Brijkishan Agrawal, and the order dated 17/7/2010 in Rent Control Appeal No. 80 of 2009 Brijkishan v. Suraj Prakash Jaun passed by the Appellate Court/Additional District Judge, Court No. 2, Agra. The petitioner has also prayed for issuance of a suitable writ order or direction which the Court may deem fit and proper under the circumstances of the case.

(3.) THE landlord had moved an application before the Prescribed Authority/lllrd Additional Civil Judge, Agra under Section 21 (1) (b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972, herein after referred to as the Act. This application was registered as P.A. Case No. 9 of 1995. Release of the shop in dispute was sought on the ground of default in payment of rent, causing damage to the building, subletting a part of the shop to this brother and also on the ground that building being old is in a dilapidated condition hence requires demolition and reconstruction.