SAT SARUP CHETAN Vs. BADRUZZAMA ANSARI

JUDGEMENT

(1.) Heard Sri S.C. Tiwari, counsel for petitioner, Sri A.K. Singh assisted by Sri Yashvardhan Singh for the respondents. The correctness of the judgment dated 23rd September, 2003 of Additional District Judge, (Court No. 10), Kanpur Nagar passed in Rent Appeal No. 162 of 1999 has been assailed in this writ petition under Article 226 of Constitution.

(2.) The impugned order has resulted in the ejectment of petitioner, since the judgment of Prescribed Authority has been set aside by means of impugned appellate judgment and the release application of respondent-landlord filed under Section 21(1)(a) of Urban Buildings (Letting, Rent & Eviction) Act, 1972, (U.P. Act No. XIII of 1972) (hereinafter referred to as the Act 1972), has been allowed.

(3.) The dispute relates to a shop situated at 25/8, (Old No. 25/3), Mall Kanpur Nagar. The shop situated on the ground floor, was let out in 1958. It is owned by Hajim Shakhawat Deen (the applicant, now deceased and substituted by his legal heirs i.e. respondent Nos. 1, 2 & 3) (hereinafter referred to as landlord).