KEDAR NATH AGARWAL Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) Smt.Dhanraji Debi and Jagdeo Shah Respondent no. 4 and 4 since dead represented by legal representatives) filed release application under Section 21 (1) (a), U.P. Urban Buildings (Regulation of letting , Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short called 'the Act' contending inter alia amongst others, that they required the shop described in the release application situate in Qasba Rasra (district Ballia) wherein Petitioners were tenants at the rate of Rs.43.75 paise per month on the ground that Jagdeo Shah had to quit Calcutta because of anti- Bengali movements and riots and that he required the shop in question for carrying on his own business along with his wife Smt. Dhanraji, Land Lord also filed an application (Annexure 2 to the petition) praying that an Amin be appointed by the Court for preparing site plan. Amin submitted a report dated 30th September 1983 (page 28 of the Writ Paper Book) alongwith site plan (page 32 of the writ paper book).

(2.) Tenants filed written statement and denied the case of the land lord as disclosed in the written statement. The tenant filed evidence in support of their case. Out of said evidence, only following documents have been filed with the writ petition :-

(3.) The tenant had relied upon the Amin's report and the map prepared by him for pleading that case of the land lord was not to be accepted. The Prescribed Authority also referred to the affidavit of Mahadeo(son of the tenant) and also to the Amin's report with reference to the allegations contained in the said affidavit but did not find favour with ;the allegation made by the tenant. Consequently, Prescribed Authority allowed the release application of the land lord.