RAVI AHUJA Vs. RAJEEV KUMAR

JUDGEMENT

(1.) Heard, Sri Mohd. Shakeel, learned counsel for the petitioner and Sri P.S. Mehra,learned counsel for the respondents.

(2.) The petitioner has approached this Court by means of the present petition under Article 227 of the Constitution of India for setting aside judgment and order dtd. 5/2/2016(Annexure No.2) passed by the Prescribed Authority/II Add. Judge Small Causes Court no.18, Lucknow in P.A. Case No.10/2008(Smt. Shashi Srivastava and Another versus Ravi Ahuja), by means of which the case has been allowed and the judgment and order dtd. 17/9/2019 (Annexure No.1) passed by Additional District Judge/Special Judge(P.C. Act) No.9, Lucknow in Rent Appeal No.8/2016(Ravi Ahuja versus Rajeev Kumar and another), by means of which the appeal has been dismissed.

(3.) The brief facts of the case, for adjudication of the present petition, are that the respondents had purchased the land in dispute bearing House No. 289/323 measuring an area of 1000 sq. ft,Moti Nagar, P.S. Naka Hindola, Lucknow through registered sale deed dtd. 6/7/2000 from the previous owners and landlords, Smt. Sushila Devi, Hanuman Prasad, Satya Narain and Ram Narain. The entire first floor of the said house was in occupation of the petitioner, as a tenant, since before its purchase by the respondents. The respondents had moved an application under Sec. 21(1)(a) of the Act No.13 of 1972; Uttar Pradesh Urban Buildings (Regulation of Letting Rent and Eviction) Act 1972(hereinafter referred to as the Act of 1972) on 19/1/2008 before the prescribed authority seeking release of the first floor of the house in question from the petitioner on the ground of their as well as their family's bonafide need. In the said application, the respondents had categorically averred that the petitioner had illegally occupied two rooms, store and some covered space on the ground floor, which was earlier in the tenancy of Nanku Ram and deemed vacant under provisions of Sec. 12 of Act of 1972. As such, the applicants had filed an application under 16(1)(b) of the Act of 1972 before the City Magistrate,Rent Control Lucknow.