BANSIDHAR Vs. XIITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Petitioner/ tenant has filed this writ petition under Article 226 of the Constitution for issuing a writ of certiorari to quash the judgment dated 17.3.1997 passed by the Second Additional Civil Judge, Lucknow exercising the power of Prescribed Authority under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act, 1972 in P.A. Case Nos. 13/1991 and 14/1991 as contained in Annexure-2 and the judgment and order dated 26.3.1998 passed by the XIIth Additional District Judge, Lucknow in the Rent Appeal Nos. 35 of 1997 and 36 of 1997.

(2.) It appears that the opposite party No. 3 had filed two applications under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act') for release of House No. 39/93 situated in Grain Market Narhi, P.S. Hazratganj, Lucknow. This application was registered as P.A. Case No. 13 of 1991. The opposite party No. 3 also moved another application under Section 21 (1) (a) of the Act, in respect of the shop situated in Building No. 39/93 Grain Market Narhi. This application was registered as P.A. No. 14/1991. The petitioner is tenant in both the accommodations for residential as well as for commercial purpose. The property detailed in the release application in P.A. Case No. 13 of 1991 was for residential purpose and the shop on the ground floor in the same accommodation was let out to the petitioner for commercial purpose.

(3.) The Prescribed Authority allowed both the applications and the appeal filed against the judgment of the prescribed authority was dismissed.