ACHAL KUMAR CHADDHA Vs. SANTOSH KUMAR KESARWANI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent on the ground of bona fide need under Section 21 of UP. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Misc. Case No. 5 of 1999. The release application was dismissed by Prescribed Authority/Additional Civil Judge (Senior Division), Moradabad, through order dated 18.1.2001. Against the said judgment and order, landlord respondent filed Rent Appeal No. 1 of 2001. A. D.J., Court No. 2, Moradabad allowed the appeal through judgment and order dated 8.7.2002, hence this writ petition by the tenant.

(3.) THE shop in dispute belonged to the family of the landlord respondent. Family members got their properties partitioned and said partition was recognised in O.S. No. 556 of 1998 also. Trial Court wrongly held that by virtue of the said partition, applicant landlord respondent became owner but not landlord. Tenancy started in the year 1985 and rent note was also executed in between the tenant petitioner and father of the landlord.