MOHD. IKRAM Vs. SHAMSHANA

JUDGEMENT

(1.) Heard Shri Abu Bakht, learned counsel for the petitioners and Shri Komal Mehrotra, learned counsel for the sole respondent/landlady.

(2.) The instant writ petition, at the instance of petitioners/tenants, has been filed assailing the order dtd. 23/5/2023 passed by the learned District Judge, Saharanpur in Rent Appeal No. 15 of 2022 whereby and whereunder the rent appeal has been allowed the order of the learned Prescribed Authority dtd. 5/3/2022 has been set aside and the matter has been remanded back to the learned Prescribed Authority for considering the release application under Sec. 21 (1) (a) of the U.P. Act No. 13 of 1972, afresh.

(3.) The facts giving rise to the controversy involved between the parties lies in a narrow compass. A release application under Sec. 21 (1) (a) of the U.P. Act No. 13 of 1972 was filed on 22/1/2021 by the respondent/landlady against the petitioners setting up a need for her son to expand his business and augment his income so as to meet out family liabilities for the shop 'A' and 'B', respectively under the tenancy of the petitioners. The release application was registered as PA Case No. 6 of 2021. The petitioners appeared and filed their objections. The learned Prescribed Authority framed an issue as to whether the release application under Sec. 21 (1) (a) of the U.P. Act No. 13 of 1972 was maintainable and proceeded to hold that since the release application was filed on 22/1/2021 after the Uttar Pradesh (Regulation of Urban Premises) Tenancy Act, 2021 (U.P. Act No. 16 of 2021) had come into effect and the U.P. Act No. 13 of 1972 had been repealed the release application registered as PA Case No. 6 of 2021 was not maintainable and no relief could be granted to the landlady/respondent under the U.P. Act No. 13 of 1972. The Prescribed Authority accordingly dismissed the release application vide judgment and order dtd. 5/3/2022. Aggrieved by the dismissal of the release application as non maintainable, the respondent/landlady preferred an appeal under Sec. 22 of the U.P. Act No. 13 of 1972 which has been allowed by the impugned order dtd. 23/5/2023, the order of the Prescribed Authority dtd. 5/3/2022 has been set aside and the matter has been remanded back for consideration of the release application, afresh.