MAHESH CHAND Vs. II ADDITIONAL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) S. U. Khan, J. This is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenant/respondent under Section 21 of U. P. Act No. 13 of 1972 which was numbered as P. A. Case No. 366 of 1977 and was dismissed by Prescribed Authority/j. S. C. C. , Moradabad on 22-3-1978. Against the said judgment and order landlord filed an appeal under Section 22 of the Act, being Civil Appeal No. 183 of 1978. The appeal was earlier dismissed by II Additional District Judge, Moradabad on 20-1-1983. Against the said judgment a writ petition was filed being writ petition No. 8011 of 1979 which was allowed on 20-1-1981 and the matter was remanded to the Appellate Court for reconsideration. Thereafter Appellate Court again by the impugned judgment and order dated 20-1-1983 Annexure 8 to the writ petition dismissed the appeal. This writ petition is directed against the aforesaid order dated 20-1-1983 passed by Appellate Court and order dated 22-3-1978 passed by the Prescribed Authority.

(2.) IN the release application it was mentioned that one of the son of landlord i. e. Mahesh Chand petitioner No. 1 was carrying on cloth business in a rented shop regarding which the landlord of the said shop had filed release application under Section 21 of the Act. Prescribed Authority rejected the release application giving rise to the instant writ petition on the ground that the said son of the landlord had not been evicted till then. Later on the said son was evicted. The Appellate Court in the impugned judgment has observed that aforesaid Mahesh Chand, one of the appellant before the lower Appellate Court had been dispossessed from the tenanted shop. It was observed that it had not been suggested on behalf of the respondent (tenant) that the appellant, had any other shop for carrying on the business. The need was ultimately found to be genuine and bona fide by the lower Appellate Court.

(3.) AS no one for the respondent has appeared hence, Prescribed Authority before passing order of possession in favour of the landlord on his application which may be filed under Section 23 of U. P. Act No. 13 of 1972 should ensure service of notice upon tenant/respondent. Petition allowed. .