DR. CHEDI PRASAD SINCE DECEASED AND SURVIVED BY LEGAL REPRESENTATIVE Vs. IVTH ADDITIONAL DISTRICT JUDGE, VARANASI AND OTHERS

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 3 Anant Lal against original tenant petitioner Dr. Chedi Prasad, Kanta Prasad, Kanta Prasad and Annapurna Devi, Smt. Sudama Devi and Chandra Shekhar respondent No. 4 to 7.

(2.) Property in dispute is a shop having dimensions of 18 feet by 16 feet situate in house No. B22/290, Mohalla Khojwa Bazar, Varanasi.

(3.) The release application was filed on the ground of bona fide need under Sec. 21 of U.P. Act No. 13 of 1972 and was registered as P.A. case No. 42 of 1989. In the release application, it was stated that in family partition house in dispute had fallen in the share of applicant. Anant Lal however other provisions owners were also impleaded as proforma opposite parties No. 2 to 5 in the release application (who are respondents 4 to 7 in the writ petition). Prescribed Authority/IVth Additional Civil Judge, Varanasi through judgment and order dated 20.4.1992, allowed the release application. Against the said judgment and order original tenant petitioner filed R.C. Appeal No. 152 of 1992. IVth Additional District Judge, Varanasi through judgment and order dated 21.11.1995, dismissed the appeal, hence this writ petition by the tenant.