LAWS(ALL)-2002-12-6

SHAFIQ AHMAD Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

Decided On December 13, 2002
SHAFIQ AHMAD Appellant
V/S
ADDITIONAL DISTRICT, SESSIONS JUDGE Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the order dated 21.9,1982 passed by 1st Additional District and Sessions Judge, Bijnor (respondent No. 1) and also partly quashing the order dated 19.3.1982 passed by Judge, Small Cause Court, Bijnor (respondent No. 2) to the extent that the shop was constructed in 1976 and the provision of Section 2 (f) of the U. P. Act No. XIII of 1972 was attracted to the shop in question.

(2.) The disputes relates to a shop situated in Agarwal Dharmshala, Station Road, Nagina, district Bijnor. The said shop is hereinafter referred to as "the disputed accommodation."

(3.) The respondent No. 3 filed a suit in the Court of Judge, Small Causes, inter alia, praying for decree of ejectment, arrears of rent and the mesne profits against the petitioner in respect of the disputed accommodation. The said suit was registered as Suit No. 23 of 1981.