LAWS(ALL)-2017-12-276

SHAKEEL AHEMAD Vs. CHAMPA & OTHERS

Decided On December 01, 2017
Shakeel Ahemad Appellant
V/S
Champa and Others Respondents

JUDGEMENT

(1.) All these three petitions have been filed under Article 227 of the Constitution of India by tenants of the same premises of which the respondent (s) is/are the landlords. Challenge is to an order passed by the District Judge rejecting an application for amendment in the written-statement. The facts and issues being same, all the three petitions were connected and heard together.

(2.) The facts of the case in brief are that the respondent (s) initiated proceedings under section 21 of the U.P. Urban Buildings (Regulation of Letting and Eviction) Act 1972 (hereinafter referred as the 'Act 1972') for release of the premises in question and eviction of the tenants on account of bona fide need.

(3.) In response to the application the petitioners herein filed their reply in the year 2014. They with the permission of the Prescribed Authority amended their reply thrice i.e. on 16.1.2015, 6.8.2016 and 16.3.2017. Ultimately the Prescribed Authority concluded the proceedings on 6.4.2017 allowing the application under section 21(1) of the Act 1972 ordering the petitioner-tenants to vacate the premises within 2 months and to hand-over the actual possession to the respondent/landlord failing which they would be entitled to seek enforcement of the said order. Against these judgments, all of which were rendered on 6.4.2017, all the three petitioner-tenants filed appeals before the District Judge.