DEVI SHANKAR YAGNIK Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri V.P. Varshney, advocate for the petitioner and Sri Manish Tandon, advocate for respondent No. 4 and Sri Pankaj Agarwal, advocate for respondent No. 3. Sri Pankaj Agarwal advocate, has also moved an impleadment application on behalf of Bittan Babu Verma, Son of Roop Kishore but Roop Kishore himself is a party to these proceedings, therefore, he has not pressed this application. It is accordingly rejected.

(2.) The dispute relates to a shop situated at Mohalla Purani Kotwali, Aligarh. It was owned by Ratan Shankar Yagnik. Sri Jwala Prasad was the tenant in the said shop. After the death of Sri Ratan Shankar Yagnik, the shop in question has been succeeded by his heirs/legal representatives, who are the petitioners No. 1 to 8. Similarly, Sri Jwala Prasad, the original tenant, died in 1984, whereafter his tenancy rights have been succeeded by respondent No. 3. Smt. Chameli Devi, widow of Late Jwala Prasad (the respondent No. 3 has also died and her legal heir is already arrayed as respondent No. 4).

(3.) The petitioners filed an application dated 7.4.1987 being U.P.U.B. Case No. 45 of 1987 under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") before Prescribed Authority, Aligarh seeking release of shop in question for settling the applicant No. 1, i.e., Devi Shanker Yagnik, Son of late Ratan Shanker Yagnik. It appears that after registering the application, notices were issued but not served upon the respondents. Thereafter petitioners moved an application, 9C, dated 31.8.1987, requesting the trial court to appoint an Advocate Commissioner for service of notice upon respondent-tenants. The aforesaid application was allowed by Prescribed Authority vide order dated 8.9.1987. The landlord-applicants were directed to take steps for service through Commissioner within seven days, who was required to submit report within a month.