PURUSHOTTAM DASS DWIVEDI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 31.10.1995, whereby the application filed by the petitioner has been rejected.

(2.) BRIEFLY stated facts in dispute are that Radhey Shyam Dwivedi father of petitioners 1, 3 and 4 and husband of the petitioner No. 2, was a tenant of shop No. 81/1 situate at Gopal Ganj, Orai, District Jalaun. The respondent No. 3 filed application for release of the disputed shop 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) on the ground of his personal need. Late Sri Radhey Shyam Dwivedi contested the said application and denied that the need of respondent No. 3 was bona fide with regard to shop in question. The Prescribed Authority allowed the said application on 26.6.1994 on the finding that the need of respondent No. 3 for the shop in question was bona fide and genuine. The tenant Radhey Shyam Dwivedi, filed Rent Appeal No. 11 of 1994 against the order of the Prescribed Authority.

(3.) I have heard learned counsel for the parties. Respondent No. 1 has taken the view that the application for substitution should have been filed within thirty days from the date of death of the deceased-tenant under Rule 25 of the rules framed under the Act and in case, the application is not filed within the period of limitation, the appeal shall abate.