DAUJEE Vs. GOVIND PRASAD

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 3rd September, 1998 (Annexure -7 to the writ petition) passed by the learned Civil Judge (Senior Division) I/Prescribed Authority, Mathura and the judgment and order dated 7th November, 2003 (Annexure -8 to the writ petition) passed by the learned Additional District Judge, Court No. 8, Mathura (Appellate Authority).The dispute relates to an accommodation in premises No. 1507, situate at Halanganj, Vrindaban Darwaja, Mathura, the details whereof are given in the release application referred to hereinafter. The said accommodation has, hereinafter, been referred to as "the disputed accommodation".

(2.) FROM a perusal of the averments made in the writ petition and the annexures thereto, it appears that the respondent Nos. 1, 2 and 3 herein and one Deo Prakash (collectively referred to as the landlords) filed a release application under section 21(1)(a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioner for release of the disputed accommodation. It was, inter alia, stated in the said release application that the need of the landlords for the disputed accommodation was genuine; and that in case, the release application was rejected, the landlords would suffer great hardship, while the petitioner would not suffer any hardship in case, the release application was allowed. The said release application was registered as P.A. Case No. 36 of 1994. Copy of the said release application has been filed as Annexure -2 to the writ petition.

(3.) IT further appears that the parties filed affidavits and documentary evidence in support of their respective cases.