PHOOLWATI Vs. VIIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This petition by the tenants under Article 226 of the Constitution of India has been filed for quashing the order-dated 19.11.1999 passed by respondent No. 1 in Rent Control Appeal No. 33 of 1997 whereby he allowed the application of the landlady-respondent No. 2 under Section 21 (1) (b) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) and directed tenants-appellants to vacate the disputed garage within a period of three months.

(2.) Counter-affidavit has been filed by respondent No. 2. No rejoinder-affidavit has been filed on behalf of the petitioners. With the consent of the learned Counsel for the parties, the petition is being disposed of finally.

(3.) It appears that an application under Section 21 (1) (a) (b) of the Act was moved by the landlady for release of the garage bearing No. 301 mainly on the grounds that she needed the accommodation in question for opening a confectionary shop. She further alleged that the garage in question was very old and was in dilapidated condition and required demolition and reconstruction. The tenants contested the application. The parties filed affidavits in support of their respective allegations. After having heard learned Counsel for the parties and considering the evidence on record, learned Prescribed Authority found that no case for release of the garage in question was made out in favour of the landlady and the application was dismissed vide order-dated 12.11.1997.