PRABHAT KUMAR SHARMA Vs. PANKAJ SHARMA

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, counsel for the petitioner and Sri M.N. Singh, counsel for the respondent. With their consent, the writ petition is being decided finally, without inviting a formal counter affidavit.

(2.) The petitioner, who is a tenant of a shop on behalf of the respondents, has called into question, the order dated 9.10.2018 passed by Additional District Judge, Court No. 5, Saharanpur in Rent Control Appeal No. 2/2017 under Sec. 22 of U.P. Act No. 13 of 1972. By the said order, the appeal filed by the respondent-landlords against the order of the Prescribed Authority dated 25.3.2017 rejecting the release application registered as P.A.Case No. 19/2014 has been allowed and the petitioner has been directed to be evicted, granting him sixty days' time to vacate.

(3.) The proceedings arises out of an application filed by the respondents under Sec. 21(1)(a) of U.P. Act No. 13 of 1972 (for short 'the Act'). The respondent-landlords, after purchasing the disputed shop in tenancy of the petitioner gave statutory notice of six months and thereafter, filed the release application setting up need of Pankaj Sharma. It was alleged that he is a lawyer and requires the disputed shop for opening his chamber.