RAFEEQ AHMAD Vs. MOHD FAROOQ AND 9 ORS

JUDGEMENT

(1.) This petition has been filed by petitioner tenant praying for quashing of the judgment and order dated 18.07.2016 passed by Additional District Judge, Court No. 11, Kanpur Nagar in Rent Appeal No. 26 of 2015 by which he has rejected the appeal of petitioner-tenant against judgment and order dated 13.02.2016 and also the order passed by Prescribed Authority, Court of Additional Chief Metropolitan Magistrate, Kanpur Nagar dated 13.02.2015.

(2.) Ms. Shreya Gupta arguing on behalf of the petitioner tenant has limited her grounds of challenge to two. Firstly, that the Prescribed Authority while allowing a release application under section 21(1) (b) of the U.P. Act No. 13 of 1972 ought to have seen whether the map that was submitted by landlord - respondent was in accordance with bye-laws of the local authority. Also, she has argued that under section 24 (2) of the Act a right of re-entry has been provided to tenant in case release application under section 21(1) (b) is allowed. No such right of re-entry of the tenant has been secured by the learned Courts below in the orders impugned.

(3.) Ms. Shreya Gupta has referred to various paragraphs of the release application and the specific denial in the written statement filed by the tenant petitioner with regard to the plan being submitted by the landlord-respondent in accordance with the bye-laws of the local authority. She has referred to grounds in memo of appeal wherein it has been alleged by the petitioner-tenant that the plan submitted by landlord-respondent is not in accordance with bye-laws of the local authority.