VIDHYADHAR JAIN Vs. DISTRICT JUDGE MAINPURI

JUDGEMENT

(1.) VIKRAM Nath, J. This petition has been filed by the landlord for quashing the judgment and order dated 27-7-1998, passed by the District Judge, Mainpuri, whereby the appeal of the tenant (respondent No. 2) was allowed and after setting aside the judgment of the Prescribed Authority dated 18-11-1997, the release application of the landlord-petitioner was rejected.

(2.) THE dispute relates to shop No. 3440, situate in Mohalla Chhapatti, District Mainpuri of which the petitioners are the owners and landlord and respondent No. 2, is the tenant at the rate of Rs. 65 per month carrying on shoe business. In the year 1981, the landlord filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act), which was registered as Case No. 30 of 1981 setting up need for his eldest son Atul Kumar Jain as he was unemployed at that time. Subsequently, Atul Kumar Jain got temporary service in the education department and, therefore, the application for release i. e. Case No. 30 of 1981 was dismissed.

(3.) BOTH the parties led evidence in support of their cases.