MOHAN LAL Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) S. U. Khan, J. This is landlord's writ petition which has been filed against second remand order dated 4-1-1985 passed by Appellate Court exercising powers under Section 22 of U. P. Act No. 13 of 1972.

(2.) THIS writ petition arises out of eviction/release proceedings in respect of a shop bearing No. 6 initialed by the landlord petitioner against tenant-respondent No. 3 since deceased and survived by his legal representatives under Section 21 of U. P. Act No. 13 of 1972 on the ground of bona fide need in the form of case No. 14 of 1978 on the file of Prescribed Authority, Jhansi. The release application was dismissed by Prescribed Authority on 10-2-1982 against which landlord filed Rent Control Appeal No. 18 of 1982. District Judge, Jhansi allowed the appeal on 12-11-1962, set aside the judgment and order Prescribed Authority and remanded the case back to the Prescribed Authority with the direction that after giving an opportunity to the parties to adduce further evidence in support of their respective cases fresh decision must be taken by the Prescribed Authority. Appellate Court in its judgment held that in respect of shop Nos. 7 and 8 an allegation was made by the tenant that they were let out by the landlord petitioner to other persons recently while landlord stated that they were in tenancy occupation of other tenants since long hence it was necessary for the tenant to give exact or approximate date when those tenants were given possession of the said shops by the landlord to substantiate their allegation that the need of the landlord was not bona fide (para-8 ). Appellate Court also held that question of partition shall also be decided afresh after permitting the parties to adduce further evidence (para-9 ). Copy of Appellate Court's judgment dated 12-11-1982 is Annexure C. A. 1 to the counter-affidavit

(3.) A suit for eviction of a tenant can be filed by only one landlord without even impleading other co- landlords as proforma respondents. On this point in my judgment in Gulab Chand Verma v. Badri Narain Mishra, 2005 (2) JCLR 203 (All) : 2004 (57) ALR 43. I have placed reliance upon six Supreme Court authorities. The latest being M/s. India Umbrella Manufacturing Co. & Ors. v. Bhagnbaadei Agarwalla & Ors. , 2004 (55) ALR 98 : 2004 (14) AIC 80 (SC ). The same principle applies to release application under Section 21 of U. P. Act No. 13 of 1972.