A.K.Yog, J. - (1.) This petition under Article 226, Constitution of India. Arises from the proceedings initiated by landlord/Respondent No. 3 (Munna Lal Agrawal) by filing release application under Section 21, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972 (for short called 'the Act') seeking eviction of one Mani Ram Khatri, who was in possession of the shop No. 142 situate at Parwaran, Ghandhi Road, Jhansi (hereinafter referred to as 'the shop') on the ground that he required the shop in question for establishing his office-cum-chamber since he was a practicing Advocate. The release application was registered was P.A. Case No. 62 of 1974.
(2.) During the pendency of the release application Mani Ram Khatri-tenant died leaving behind his legal representatives who were duly substituted. Perusal of the original record, which was summoned by this Court, indicates that all the heirs of the deceased tenant were substituted vide Court order dated 5th April, 1976, and a note was made by the concerned Advocate on 14th April, 1976, Mani Ram Khatri filed written statement and after his death, as the record shows, Jagdish Narain Khatri (present petitioner) contested the case on his own behalf as well as on behalf of the others.
(3.) The Prescribed Authority, after considering the relevant material before it and the evidence led by the parties in support of their case, rejected the release application by recording a categorical finding of fact holding that the need of the landlord was genuine and bona fide and that landlord was to suffer more hardship, as compared to that of the tenant, in case of rejection of the release application. The Prescribed Authority vide judgment and order dated 17th March, 1983 (Annexure 1 to the Writ Petition) directed the Opposite Parties (including petitioner) to vacate the shop within one month and hand over vacant possession peacefully to the landlord.;