PREM NARAYAN SHUKLA @ RAJA SHUKLA Vs. ARVIND MISHRA

JUDGEMENT

(1.) Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioner and Sri Birendra Kumar Srivastava, learned Senior Counsel assisted by Sri Dhiraj Srivastava, learned counsel appearing for the respondent.

(2.) The present petition seeks to challenge the order dated 24.09.2012 passed by the 1st Additional Small Causes Court/Prescribed Authority, Kanpur Nagar in Rent Case No.22 of 2011 (Arvind Mishra Vs. Prem Narayan Shukla @ Raja Shukla) and also the order dated 09.10.2013 passed by the Additional District Judge, Court No.5, Kanpur Nagar in Rent Appeal No.85 of 2012 (Prem Narayan Shukla @ Raja Shukla Vs. Arvind Mishra).

(3.) Briefly stated the facts of the case are that a release application dated 12.10.2011 was filed by the respondent-landlord under Section 21(1)(a) of the UP Act No.13 of 1972 for release of his shop situate on ground floor of House No.124/B/152, Govind Nagar, Kanpur Nagar. The release application was registered as Rent Case No.22 of 2011 and upon considering the facts of the case and pleadings of the parties as well as the evidence on record, the Prescribed Authority allowed the release application vide order dated 24.09.2012 and directed the petitioner-tenant to vacate the shop in dispute within a period of one month.