RAMESH CHANDRA (SINCE DECEASED) THROUGH LRS. SHRIMATI BIMLA DEVI AND OTHERS Vs. DISTRICT JUDGE, ETAH AND ANOTHER

JUDGEMENT

(1.) This writ petition by the tenant has been filed seeking a writ of certiorari quashing the judgment and order dated 11.5.1983 passed by the learned District Judge, Etah, reversing the judgment and order of the trial Court and allowing the application of the landlord for release of the shop in his favour.

(2.) The respondent No. 2 landlord sought the release of the shop let out to the petitioners through an application under Sec. 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act"), as the same was needed by the landlord for setting up one of his five sons in the business. The petitioner contested the application. The Prescribed Authority dismissed the application. On appeal, preferred by the landlord, the learned District Judge, granted the relief of release by the aforesaid order against which the tenant petitioner has come up in the present writ petition.

(3.) I have heard Shrimati Poonam Srivastava, learned Counsel appearing for the petitioners and Sri Rajesh Tandon, learned Senior Advocate, assisted by Ms. Rama Goel, for the respondent No. 2 and have also gone through the judgment of the learned District Judge.