PRAMOD KUMAR Vs. ADDL DISTRICT JUDGE HAPUR GHAZIABAD

JUDGEMENT

(1.) THE present writ petition arises out of the pro ceedings initiated by the petitioners who are landlords under section 21 of U.P. Act No. 13 of 1972 against the respondent No. 2, the tenant in respect of a non- residential accommodation (shop No. 14) situated at Chhoti Mandi, Hapur District Ghaziabad.

(2.) THE petitioners sought release of the said shop on the ground that it is bona fide required by them. THE said shop was purchased by the petitioners on 20.2.1991. THE application for release was filed on 1.7.1997. THE said release application was allowed by the Prescribed Authority by the order dated 6.9.1997. However, in appeal the said order has been set aside by the impugned order. THE appellate authority allowed the appeal on a short ground that the notice of six months, as required under section 21 of the Act, was not given.

(3.) COMING to the facts of the present case, it is not in dispute that the property was purchased by the petitioners on 20.2.1991 and the application for release was filed after expiry of more than six years, on 1.7.1997. This being so, the judgment of the Court below cannot be sustained.