KALAWATI Vs. UPPER DISTT AND SESSIONS JUDGE ALIGARH

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties. Landlord-respondent No. 2 - Purshottam Narain purchased the property in dispute from its previous owner landlord on 27-8- 1977. Petitioners were tenants in the said property since before the said date. Thereafter in the year 1978 new landlord respondent No. 2 Purshottam Narain filed release application against tenant-petitioners under Section 21 of U. P. Urban Building (Regulation of letting, Rent and Eviction) Act, 1972. The application was rejected on the ground that it had been filed within three years from the date of purchase. Thereafter second release application was filed on 29-9-1980. The said application was registered as U. P. U. B. Case No. 94 of 1980. Prescribed Authority/1st Additional Civil Judge, Aligarh rejected the release application on 23-9-1982. Against the said order landlord-respondent No. 2 filed U. P. U. B. Appeal No. 91 of 1982. Additional District Judge/special Judge (E. C. Act), Aligarh allowed the appeal on 5-2-1987, set aside the order of the Prescribed Authority and allowed the release application. The said order of the appellate Court has been challenged by the tenants-petitioners through this writ petition.

(2.) NOTICE was given on 9-3-1980. Even though in the notice 30 days time was granted to vacate however release application was actually filed after more than six months i. e. On 29-9- 1980. Appellate Court, therefore, found that the release application could not be rejected on the ground of defective notice.