MOHAMMAD AHMAD Vs. ATMA RAM CHAUHAN

JUDGEMENT

(1.) Heard Sri M.K. Gupta, learned counsel appearing for the petitioner in Writ Petition No. 39727 of 2004 (for short 'the first petition') and for respondent in W.P. No. 48077 of 2004 (for short 'the second petition'); Sri S.M. Nazar Bukhari, Advocate for respondent No. 4 (first petition) and for respondent No. 3 in the second petition as well as Sri Vikrant Pandey for the respondent No. 1-landlord ( in first petition) and for petitioner in the second petition.

(2.) The brief facts of the case are that there were four shops situated at Kasba Behat, Jaitpur Sadan, Building Mohalla Maniharan, Pargana Faizabad, Tehsil Behat, District Saharanpur, out of which, two were under the tenancy of Mohd. Ahmed, the petitioner (in first petition) and two under the tenancy of Mohd. Iqbal, the respondent No. 4 (in first petition).

(3.) Dr. Atma Ram Chauhan, the respondent No. 1-landlord (in first petition) filed an application under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent And Eviction) Act, 1972 (hereinafter referred to as 'the Act 1972'), seeking release of two of the aforesaid four shops either from the tenancy of the petitioner (in first petition) or from the tenancy of respondent No. 4 (in first petition). The shops under the tenancy of respondent No. 4-Mohd. Iqbal were addressed as "Shop Mad -A" and those in possession of the petitioners were titled as "Shop Mad-B".