SHEEL CHAND JAIN Vs. ARUN KUMAR TADAIY

JUDGEMENT

(1.) Heard Sri Pankaj Agawal, learned counsel for the petitioner and Sri Sanjiv Kumar, learned counsel for the respondent no.1.

(2.) The writ petition is directed against order dated 30.11.2000 passed by Prescribed Authority releasing accommodation in question in favour of respondent no.1-landlord by allowing application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") and order dated 25.05.2007 dismissing petitioner's appeal.

(3.) The dispute relates to House No.25, Civil Lines, Lalitpur wherein part of premises is under tenancy of petitioner. The respondents are co-owners of house in dispute. Release application, however, was preferred by respondent no.1, Arun Kumar Tadaiya impleading co-owners as defendant no.2 to 9 in his application registered as P.A. Case No.9 of 1992 before Prescribed Authority/Civil Judge, Senior Division, Lalitpur. The ground set up is that accommodation is needed for residence and advocate's chamber of his son Anurag and Anupam. It was also pleaded that defendant no.1 i.e. present petitioner-tenant already had another residential accommodation i.e. house no.800 constructed at Aajadpura, Lalitpur, in which tenant is residing along with family and therefore, the building should be released.