OM PRAKASH SHARMA Vs. DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

(2.) THE property in dispute is premises no. A-90, Prince Road, Gandhi Nagar, Moradabad. Kumar Chand Pant, respondent no. 3 is the landlord. THE petitioner Om Prakash Sharma was the tenant at the rate of Rs.400/- per mensum. Om Prakash Sharma died during the pendency of this petition and his heirs have been brought on record and they are prosecuting this petition.

(3.) THE prescribed authority did not accept the contentions raised on behalf of the petitioner tenant and ultimately, held that the provisions of section 21 (1-A) of the Act was applicable and granted the release application by an order dated 28th May 1985.