KANHAIYA LAL Vs. A.D.J.

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 16.7.2011 passed by the Additional District Judge, Court No. 7, Meerut whereby the appeal filed by the landlady was allowed and the order dated 12.10.2000 passed by the Prescribed Authority, Meerut was set aside. Brief facts of the case are as follows;

(2.) RESPONDENT No. 3, late Smt. Vimla Devi, mother of respondent No. 4, Vijay Kumar Rajwanshi filed an application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short "Act") for release of the shop in dispute whereby need was set up to establish her son respondent No. 4 which was registered as P.A. Case No. 62 of 1998. After the exchange of pleadings and affidavits, the Prescribed Authority by judgment and order dated 12.10.2000 rejected the said release application. Aggrieved and dissatisfied with the said order, the respondent No. 3 filed a Rent Control Appeal No. 281 of 2000. During the pendency of the said appeal Smt. Vimla Devi, respondent No. 3 died. Thereafter, her husband also died and the respondent No. 4, son of the respondent No. 3, late Vimla Devi was substituted in her place. Thereafter, respondent No. 4 moved an amendment application, seeking an amendment in the application filed under section 21 of the Act, whereby need was set up to establish his son Ravi Rajvanshi.

(3.) THE said amendment application was allowed and the respondent No. 4 was permitted to incorporate aforementioned facts in the release application filed under section 21 of the Act. The Appellate Court by judgment and order dated 16.7.2011 allowed the appeal and set aside the order dated 12.10.2000 passed by the Prescribed Authority. Hence, the present writ petition.