BISWANATH MALIK Vs. MUNSIF MAGISTRATE WEST ALLAHABAD

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner has sought a writ of certiorari quashing the plaint of Original Suit No. 119 of 1995, Anil Kumar Kesarwani and another v. Bis wanath Malik, pending in the court of Munsif West Allahabad and commanding respondents Nos. 3, 4 and 5 to handover peaceful possession of the property in dispute to him.

(2.) THE facts, in brief, are that the petitioner is the owner and landlord of House No. 606-A, Khalasi Line, Kydganj, Allahabad. He filed an application for release under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') on the allegation that respondent No. 3 is a tenant and he requires the shop in question. He will open a photography shop after his retirement from the service in June 1983. Respondent No. 3 is carrying on his Rikshaw business in the ground floor of Building No. 122, PS. Kydganj, Allahabad in the name and style of M/s. Neelam Bicycle and Heavy Kit on the main road just opposite to the house of the applicant.

(3.) RESPONDENTS Nos. 4 and 5 are sons of Respondent No. 3. They filed Suit No. 119 of 1995 in the Court of Munsif West, Allahabad for declaration that the order passed in P. A. Case No. 128 of 1992 as confirmed by the appellate authority on 5-10-1994 in Appeal No. 4 of 1987 passed against their father are not binding upon them and for injunction restraining the petitioner from taking possession of the accommodation in question in pursuance of the execution of the release order in that case.