SUNIL KUMAR SINGH Vs. SPECIAL JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22.7.1993 passed by Special Judge, Jaunpur-respondent No. 1 rejecting the application filed by the petitioner for filing objections and adducing the evidence in appeal.

(2.) THE facts, in brief, are that the landlord filed an application for release of the shop in dispute under Section 21(1)(a) and (b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to as 'the Act') on the allegation that the shop in dispute is in a dilapidated condition and required demolition and new construction and after its reconstruction, it is needed to establish his son in business. The application was filed against the tenant Shambhu Nath and heirs of Santu Ram and Ram Kadam.

(3.) THE prescribed Authority, after taking into consideration the evidence on record, came to the conclusion that the disputed premises was in a dilapidated condition and required demolition and reconstruction. He further found that the need of the landlord to establish his son in business was bona fide. He allowed the application by his order dated 5.3.1987. Shambhu Nath, one of the opposite-parties, filed appeal No. 2 of 1987 before the Special Judge against the order of the prescribed Authority. In the said appeal he impleaded the landlord and other co-tenants as proforma respondents.