RAM KISHAN Vs. ANIL KUMAR JAIN AND ANOTHER

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 25.10.1999 (Annexure-6 to the writ petition) passed by the learned Judge, Small Cause Court, Meerut (Prescribed Authority) and the judgment and order dated 26.09.2003 (Annexure - 8 to the writ petition) passed by the learned Additional District Judge (Court No. 10), Meerut (Appellate Authority).

(2.) The dispute relates to a shop bearing Shop No. 1, situated in Dalmandi, Kabari Bazar, Meerut, the details whereof are given in the release application referred to hereinafter. The said shop has hereinafter been referred to as "the disputed shop".

(3.) From a perusal of the averments made in the writ petition and the annexures thereto, it appears that the respondents filed a release application under Sec. 21 (1) (a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioner seeking the release of the disputed shop. It was, inter alia, alleged in the said release application that the respondents were the owners and landlords of the disputed shop, and the petitioner was the tenant in the disputed shop, at a monthly rent of Rs. 18/-; and that the respondent No. 1 for augmenting his income and for running his own business, would start the business of Ghee and Oil etc. in the disputed shop; and that besides the disputed shop, no other accommodation was available to the respondents for the said purpose; and that the disputed shop was about 150 years old and was in a dilapidated condition; and that the disputed shop would be required to be demolished and re-constructed; and that the respondents had full arrangement of money for demolition and re-construction; and that the need of the respondents for running the said business was bonafide; and that the petitioner was not doing any business in the 'disputed shop, and the disputed shop was usually kept locked.