BRAHMA SHANKAR Vs. ADDL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a Writ of Certiorari quashing the judgment of the District Judge, Bulandshahr, dated 17-12-1977, allowing an appeal filed by respondent No. 3 under Section 22 of the U. P. Act No. XIII of 1972.

(2.) THE dispute in the present case with respect to a house situate in Ano-opshahr, District Bulandshahr. This had been let out to the petitioner on a monthly rent of Rs. 8.50 Paise. THE premises had been originally let out to the petitioner for the purposes of residence. An application was filed under clauses (a) and (b) of sub-section (1) of the Section 21 of U. P. Act No. XIII of 1972 for release of the premises by respondent No. 3 on two grounds. THE first ground was that the premises was required by the respondent No. 3 for her son Om Prakash Singhal for manufacturing of Ayurvedic medicines. In the alternative, the respondent No. 3 claimed that the premises was in a dilapidated condition and was required to be reconstructed.

(3.) AS the argument made in the writ petition was confined to the question that since the dominant purpose of letting out the premises was residential, it could not be released in favour of respondent No. 3 for non-residential purposes. I am not dealing with the other pleas raised by the petitioner.