NEKSEY LAL TYAGI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is filed by the petitioner tenant against the order dated 20th April, 2002. passed by the appellate authority in appeal under Section 22 of the U. P. Act No. 13 of 1972 and also the order passed by the prescribed authority dated 9th October, 1998 under Section 21 (1) (a) of the U. P. Act No. 13 of 1972. whereby the application filed by the respondent-landlord for release of the shop in question was allowed and the order of the prescribed authority was affirmed by the appellate authority.

(2.) The facts leading to the filing of present writ petition are that the landlord filed an application under Section 21 (I) (a; of the U. P. Act No. 13 of 1972 for the release of the shop in question on the ground of bona fide requirement with further allegation that the petitioner-tenant in fact is not carrying any business and the shop in question remains closed.

(3.) Both the parties exchanged the pleadings and evidence in the form of affidavit. The prescribed authority after considering the entire evidence on record allowed the application of the landlord for release of the shop in question.