CHANDRAKANTA SHUKLA Vs. MAHIMA GUPTA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioners are praying for a writ of certiorari for quashing the order and judgment dated 27.4.2001, passed by XVth Additional District Judge, Lucknow in Rent Appeal No. 43 of 1993 and order dated 17.5.1993 of the Prescribed Authority under U. P. Act No. 13 of 1972 passed in P.A. Case No. 73 of 1986 on an application for release of premises under Section 21 (1) (a) of the said Act.

(2.) I have heard Sri B. K. Saxena, advocate for the petitioner and Sri D. K. Tripathi advocate for the respondents.

(3.) The dispute relates to House No. 96/111, Sonarwali Gall, Old Ganeshganj, Lucknow, in which the petitioners are in occupation as tenants in three rooms at the ground floor and one room at the first floor. Admittedly, it is an old tenancy and this building was purchased by the present landlord on 1.7.1983. In the year 1986 an application under Section 21(1) (a) of U. P. Act No. 13 of 1972 was moved by the landlord mainly on two grounds one that the landlord opposite party who is residing at Malihabad at Lucknow, wants to live at Lucknow for proper education and upbringing of her son aged about 9 years. The second ground was that the husband of the landlord was to stay for his livelihood at Lucknow. The Annexure-1 to the writ petition is the copy of the application moved by the landlord and the Annexure-2 to the writ petition is the copy of the written statement of Smt. Chandrakanta petitioner in this writ petition.