- (1.) Heard learned Counsel for the parties and perused the record.
(2.) This writ petition has been filed for quashing the order dated 28.7.2010 passed by the Prescribed Authority/Civil Judge in PA. Case No. 11 of 2007,(appended as Annexure-5 to the writ petition) and also to allow the impleadment application of the petitioners in the aforesaid case.
(3.) The facts culled out from the record are that Late Hazi Mohd. Noor was the landlord of the shop in dispute of which Late Hans Roop Shori was the tenant since 1980. After death of Hans Room Shori, the tenancy devolved upon his three sons namely Sheo Deo, Ram Gopal and Jai Kishan Shori. Before his death, Hazi Mohd. Noor (landlord) executed a WILL deed dated 23.11.2005 in favour of his son Habibur Rahman. On the death of Hazi Mohd. Noor on 4.8.2006, Habibur Rahman acquired ownership of the shop in question and filed release application under Section 20(i)(a) of the Act No. 13 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred as 'Act' before the Prescribed Authority setting up his personal need to carry out business of ready made garments in the aforesaid shop.;