LAWS(ALL)-1998-7-40

OM PRAKASH Vs. PRESCRIBED AUTHORITY SAHARANPUR

Decided On July 21, 1998
OM PRAKASH Appellant
V/S
PRESCRIBED AUTHORITY SAHARANPUR Respondents

JUDGEMENT

(1.) SHITLA Pd. Srivastava, J. This peti tion under Article 226 of the Constitution of India has been filed for quashing the judgment and order dated 3rd, December, 1993 and 20th November, 1997, passed by the respondent Nos. 1 and 2 respectively.

(2.) THE facts giving rise to the present petition are that the petitioner is a tenant. An application for release under Section 21 (i) (a) of U. P. Act No. 13 of 1972 was filed by the respondent/landlords Par- matama Sharan and Hem Chandra on the ground that the property has been ac quired by them in a family settlement and they are owners and landlords thereof. It was stated in the application that respon dent No. 4 Hem Chandra was a Professor in H. AV. Inter College, Saharanpur and retired on 30- 6- 1989 and the shop in ques tion is required by him to open a Laboratory for testing the silver and gold.

(3.) MR. Rajesh Tandon, Advocate has made a statement that he has appeared on behalf of the contesting respondents but will not file any counter-affidavit and he is ready to argue the case at the admission stage on the basis of the judgment filed by the petitioner.