MANORMA DUBEY Vs. SANTOSH KUMAR KHANNA

JUDGEMENT

(1.) Heard Shreya Gupta, learned counsel for defendant No. 1- petitioner/tenant and Sri Rohan Gupta, learned counsel for the plaintiffs-respondents/landlords.

(2.) This writ petition under Article 226 of the Constitution of India has been filed praying for the following relief: "to issue a writ, order or direction in the nature of certiorari quashing the impugned judgement and order dated 31.05.2017 passed by Additional District Judge, Court No. 14, Kanpur Nagar in Rent Appeal Misc. Case No. 417/74/2017 (Annexure-8 to the instant writ petition) and the judgement and order dated 4.03.2010 passed by Additional District Judge, Court No. 14, Kanpur Nagar in Rent Appeal No. 20 of 2001 (Annexure-6 to the instant writ petition." Facts of the Case

(3.) Briefly stated, facts of the present case are that plaintiffs respondents/landlords had purchased the House No. 8/11, Arya Nagar, Kanpur Nagar by a sale deed dated 31.03.1992, which was registered on 20.04.1992 in the office of the Sub-Registrar, Kanpur. Thus, the plaintiffs-respondents became owner and landlord of the aforesaid disputed house. On the ground of bona fide need, the plaintiffs respondents filed a Rent Case No. 69 of 1993 (Dr. Santosh Kumar and another v. Smt. Manorma Dubey and another), which was dismissed by the Prescribed Authority/First Additional Judge Small Cause Court, Kanpur Nagar by judgment and order dated 29.01.2001. Aggrieved with the said judgment, the plaintiffs-respondents filed a Rent Appeal No. 20 of 2001, which was allowed by the court of Additional District Judge, Court No. 14, Kanpur Nagar by the impugned judgment dated 04.03.2010, and consequently, the release application was also allowed.