SHATRUGHAN SINGH Vs. GAYATRI DEVI AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri A.S. Rai learned counsel for the respondent No. 1.

(2.) Present writ petition has been filed seeking a writ of certiorari quashing the order dated 21.1.2015 passed by Additional District Judge, Court No. 2 Azamgarh in Appeal No. 28 of 2013 and the judgment and order dated 12.2.2013 passed by the Prescribed Authority/Small Causes Court, Azamgarh in Release Application filed by the respondent No. 1.

(3.) Learned counsel for the petitioner contends that petitioner is tenant of two shops on the ground floor and first floor of premises situated at Mohalla Mukeriganj City district Azamgarh which is owned by the respondents first set, who had purchased the same in the year 2002. It is next contended that on 12.4.2006 respondents first set-landlord filed a suit for arrears of rent and eviction, which was dismissed by the trial court. It is further argued that respondent No. 1 has filed Civil Revision No. 245 of 2006 before the revisional court against the order of the trial judge which was dismissed by the revisional court vide order dated 08.10.2013. It is next contended that in the meantime respondent No. 1 filed an application under Sec. 21(1) of U.P. Act No. XIII of 1972 against the petitioner as well as one Vinod Kumar Chauhan for release of their shops in their possession which was contested by the petitioner and Vinod Kumar Chauhan, which application was allowed by Prescribed Authority on 12.2.2013. It is next contended that the petitioner filed an appeal against the order of the Prescribed Authority being Appeal No. 28 of 2013, which was also dismissed by the Appellate court on 21.1.2015. It is next argued that the bona fide need of the landlord was not considered inasmuch as the landlord had got other shops vacated from the other tenant which was subsequently sold which fact itself shows that the landlord does not bona fidely needs the same.