ABDUL RAUF Vs. MIRAZUDDIN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

(2.) THE property in dispute is house No. 196, Bakshi Bazar, Allahabad. Mirazuddin, respondent no. 1, is the landlord of the said premises. One Abdul Ghafoor was a tenant of the said premises. He died on 10th August, 1966, and, thereafter, the tenancy rights vests in his sons and daughters.

(3.) BEFORE the Prescribed Authority, the question whether Abdul Rashid was a necessary party or not was specifically raised. The Prescribed Authority considered this question and held that since after [the death of Abdul Ghafoor, the property also devolved upon Abdul Rashid, it was necessary that Abdul Rashid should have been made a party to the release application and, in his absence, the release application was not maintainable. The Prescribed Authority also considered the case on merits and came to the conclusion that the need of the landlord respondent was not genuine. The application was, ultimately, dismissed by the Prescribed Authority by an order dated 5th November, 1981.