SITA RAM Vs. ADDL. DISTRICT JUDGE IV BARABANKI

JUDGEMENT

(1.) Order dated 22.01.2014 passed on the order sheet of this writ petition is quoted below : -

(2.) This is landlord's writ petition arising out of eviction/ release proceedings initiated by him against tenant opposite party no. 2, Ramesh Jaiswal on the ground of bonafide need under section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case no. 13 of 1990 Sita Ram vs. Ramesh Jaiswal. Prescirbed authority/ Second Additional C.J.M. Barabanki allowed the release application through order dated 15.5.1993. Against the said order tenant opposite party no. 2 filed R.C. Appeal no. 6 of 1993 Ramesh Kumar Jaiswal vs. Sita Ram which was allowed by 4th A.D.J. Barabanki through judgment and order dated 06.11.1999 order passed by the prescribed authority dated 15.5.1993 was set-aside and release application was dismissed, hence, this writ petition.

(3.) Sita Ram, original petitioner had filed the release application in respect of shop in dispute for establishing chamber for his son Shiv Kumar Gupta on the allegation that Shri S.K. Gupta was an advocate and he was having no chamber. During pendency of the writ petition Shri Sita Ram, original petitioner died and was substituted by Shiv Kumar. Lower appellate court held that certificate enrolment of Shri Shiv Kumar as an advocate with the Bar Council was not filed, hence, it could not be held that he was an advocate.