DURGA Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the tenant for quashing the order dated 17.8.1982 and 26.5.1994 passed in proceeding under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as the Act) whereby the application of landlord (respondents 3 to 5) for release of the shop in dispute was allowed and the petitioner was directed to be evicted.

(2.) The dispute relates to a shop situate in Mohalla Vankhandi Vrindavan, district Mathura described at the foot of the release application (hereinafter referred to as the premises in dispute). The respondents 3 to 5 are the owners and landlord of the shop in dispute and the petitioner was tenant. The landlord filed an application under Section 21 (1) (a) of the Act setting up the need of respondent No. 5 Madan Mohan to set up business of stationery. It was further alleged that Madan Mohan was physically handicapped and had been playing the part of Jokar in "Ras Mandali". On account of his age wanted to settle and for his livelihood wanted to set up a business of stationery. As the landlords had no other shop, the release application was filed.

(3.) The release application was contested by the petitioner on the ground that the application had been filed mala fide only to oust the petitioner. Both the parties led evidence in support of their contentions. The Prescribed Authority, vide order dated 17.8.1982 held that the need set up by the landlord was genuine and bona fide and in case the shop in dispute was not vacated, the landlord will suffer greater hardship. The appeal filed by the tenant-petitioner was dismissed vide judgment dated 26.5.1994 and the findings recorded by the Prescribed Authority, were affirmed. Aggrieved by the same, the present writ petition has been filed by the tenant.