SHARIFUNNISSA Vs. KAVIULLAH

JUDGEMENT

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

(2.) THE facts in brief are that the respondent landlord filed Application No. 5 of 2007, under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of a kothari and open area covered with Tin shed, situated at the ground floor in house no. 19/230 Patkapur, Kanpur under the tenancy of Mahbood alias Mammu on the ground of establishing his sons in the business. It was stated that Mahbood alias Mammu expired on 6.5.2002 to whom the accommodation in dispute was given on rent for commercial purpose.

(3.) AGGRIEVED by the aforesaid order dated 7.8.2009, the petitioners filed Rent Appeal No. 69 of 2009 before the appellate court which too was dismissed vide order dated 28.9.2010, hence the instant writ petition has been filed challenging the validity and correctness of the order dated 28.9.2010 passed by the Additional District Judge, Court No.7, Kanpur Nagar in Rent Appeal No. 69 of 2009 and the order dated 7.8.2009 passed by the Prescribed Authority/Addl. Civil Judge ( Junior Division), Court No.3, Kanpur Nagar in Rent Case No. 5 of 2007.