VED PRAKASH Vs. SECOND ADDITIONAL DISTRICT JUDGE ALIGARH

JUDGEMENT

(1.) :-

(2.) THIS is tenant's writ petition arising out of an application under Section 21-A of U. P. Act No. 13 of 1972 for release of shop No. 45/1 situate in Moti Bazar Hathras, District Aligarh.

(3.) THE Prescribed Authority through its judgment dated 25-9-81 rejected the release application on the finding that the need of the landlady was not bonafide. Aggrieved by the judgment of Prescribed Authority the landlady had preferred an appeal which was allowed by the lower appellate court through its judgment dated 28-5-1982. Against the judgment of the lower appellate court the tenant petitioner has approached this court under Article 226 of Constitution. 4-a. THE learned counsel for the petitioner has contended before me that during the pendency of the writ petition the landlady has succeeded in getting the shops released and since she has got possession over two shops and subsequent events during the pendency of the writ petition can be taken into account, the impugned judgment of the appellate court should be quashed and the appellate court should be asked to reconsider the claim of the petitioner.