ROSHAN LAL SEHGAL Vs. YUPENDER KUMAR KALRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS is landlord's writ petition arising out of eviction/release proceedings initiated by original landlord-petitioner against tenant-respondent on the ground of bona fide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P. A. Case No. 117 of 1994. Property in dispute is a shop, situate at Abu Lane, Meerut, rent of which is Rs. 1150/- per month. In the release application, it was stated that even though petitioner was aged about SO years but he was unemployed and he intended to start retail business from the shop in dispute. Release application was rejected by Prescribed Authority/j. S. C. C, Meerut on 24. 9. 1998. The said order was affirmed in P. A. Appeal No. 406 of 1998, which was dismissed by A. D. J. , Court No. 3, Meerut on 22. 9. 2006, hence this writ petition.

(3.) DURING pendency of writ petition, original petitioner-landlord died, hence his need came to an end. Additional need of no other person was further set up in the release application. Learned Counsel for the petitioner, who has also filed substitution application on behalf of the son of the original petitioner, which has been allowed, has categorically stated that need did not survive alter the death of original petitioner-landlord.