ASHARFI LAL Vs. VISHWANATH

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings, initiated by Late Vishwa Nath, respondent No. 1, landlord, under Section 21 of U.P. Act No. 13 of 1972, on the ground of bona fide need of shop in dispute, registered as P.A. Case No. 37 of 1979. Prescribed Authority/City Munsif, Farrukhabad dismissed the release application by judgment and order dated 14,7.1981. Appeal filed by the respondent No. 1 under Section 22 of the Act, being Rent Control Appeal No. 135 of 1981, was allowed by IInd Additional District Judge, Farrukhabad, through Judgment and order dated 15.4.1982. This writ petition is directed against the aforesaid Judgment of the lower appellate court.

(2.) In the release application, it was stated that the landlord intended to start his business from the shop in dispute alongwith his grandson Krishna Kumar. Krishna Kumar is the son of Rajendra Prasad.

(3.) During the pendency of writ petition, the landlord Vishwa Nath died on 26.10.1995 and tenant petitioner filed substitution application seeking to implead the two sons of late Vishwa Nath, i.e., Rajendra Prasad and Govind Prasad. Govind Prasad filed counter-affidavit stating therein that Vishwa Nath, his father had executed a will in favour of the Munni Devi, the wife of Govind Prasad, hence, only Munni Devi should be substituted at the place of Vishwa Nath. It appears that in between the parties, a revision being S.C.C. Revision No. 23 of 1988 is also pending. In the said revision at the place of Vishwa Nath, Smt. Munni Devi was substituted. This fact was brought to the notice of this Court through supplementary affidavit filed in substitution application. This Court by order dated 6.8.2002, after taking into consideration the aforesaid facts allowed the substitution application of Smt. Munni Devi, wife of Govind Prasad alone as legal representative of late Vishwa Nath respondent No. 1.