BALWANT SINGH Vs. VITH ADDL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) HEARD learned counsel for petitioner and learned counsel for respondents. Counter and rejoinder affidavits have been exchanged. Both the learned counsel for parties have agreed that this petition may be disposed of finally at this stage.

(2.) FACTS giving rise to this petition are that petitioner Balwant Singh filed an application under section 21 (1) (a) of U. P. Act No. 13 of 1972 (hereinafter referred to as the Act) far release of shop no. T/63-B, situate in Mohalla Taakan, Qasba Gangoh, district Saharanpur in which respondent No. 2 Janeshwar Prasad was continuing as tenant, on the allegations that he needed the shop to provide employment to his two sons who had no aptitude for studies and could not study beyond Class X. It was stated that both the sons are sitting idle and are unemployed. The age of the sons stated in the application was 22 years and 19 years respectively of Sudhir Kumar and Sanjiv Kumar.

(3.) THE prescribed authority by his judgment and order dated 6-12- 1988 allowed the application and released the shop in dispute in favour of petitioner. THE order of the prescribed authority was challenged in appeal No. 375 of 1988 which has been allowed by learned 6th Additional District Judge, Saharanpur and the application for release has been dismissed, hence this writ petition.