SURENDER PRAKASH GOEL AND VRINDAVAN BIHARI Vs. VIITH ADDITIONAL DISTRICT & SESSION JUDGE, MUZAFFARNAGAR AND OTHER

JUDGEMENT

(1.) CIVIL Misc. Writ Petition No. 16652 of 1992 has been filed by Surendra Prakash Goel (landlord) questioning the validity of the judgment and order dated 15.5.1991 passed by Prescribed Authority rejecting release application filed under Section 21(1)(a) of U.P. Act No. 13 of 1972 and the order of affordance in Appeal on 26.3.1992 by the Vth Additional District Judge, Muzaffarnagar.

(2.) CIVIL Misc. Writ Petition No. 42432 of 2000 has been filed by tenant Vrindavan Bihari questioning the decision dated 7.9.2001 passed by 7th Additional District Judge, Muzaffarnagar allowing the Rent Control Appeal No. 27 of 1996, Surendra Prakash Goel v. Vrindavan Bihari), Annexure No. 12 to aforesaid writ petition under Section 22 of U.P. Act No. XIII of 1972 and thus, allowing release application under Section 21(1)(a) of U.P. Act No. XIII of 1972

(3.) IN respect of House No. 25/1 Civil Lines South Muzaffarnagar in tenancy of Vrindavan Bihari release application was filed being P.A. Case No. 56 of 1983 on 28.10.1988 contending therein that flat in question is bona fiddly required. In the said case plea was taken that earlier House No. 25/3 was got release from the possession of M.K. Bansal and same was again got collusively re-allotted to the Inspector of Factories U.P. In charge Muzaffarnagar Region Muzaffarnagar. Further reference was also given of the another litigation of K.K. Arora, Prescribed Authority rejected the said release application by holding that need of landlord was not a bona fide and genuine one. Aggrieved landlord preferred Rent Control Appeal No. 27 of 1996 and said Appeal in question has been allowed. At this juncture Civil Misc. Writ Petition No. 42432 of 2000 has been filed.