- (1.) Heard learned Counsel for the parties and perused the record. This writ petition has been filed by Manoj Kumar along with six others, sons and daughters of Ved Prakash, R/O Mohalla Jatan Town, P.O. Keeratpur, District Bijnor, challenging the validity and correctness of the order dated 23.7.2010 passed by Additional District Judge, II Bijnor in Rent Control Appeal No. 4 of 2009. The brief facts of the case are that the respondents filed suit under section 21(1)(a) and 21(1)(b) of U.P. Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972, hereinafter referred to as 'Act' against father of petitioners No. 1 to 3 for eviction from the shop in dispute, before the Prescribed Authority/Civil Judge (Junior Division), Nazibabad, Bijnor. The application was registered as Suit No. 02 of 1998.
(2.) The suit was contested by Sri Ved Prakash father of the petitioners on the ground inter alia that the shop in dispute is in dilapidated condition and that the petitioners have constructed a shopping complex consisting of 16 other shops available with them out of which some have been sold out; that he has also settled his son in tailoring business in one of these shops and out of aforesaid shops about 2-3 shops are still vacant, as such he has no bona fide need of the shop under his tenancy. It was further stated that the defendant had purchased the one fifth share of one of the co-owner of property in dispute and no decree of eviction can be passed against the co-owner.
(3.) The Trial Court allowed the application for eviction of petitioners vide judgment and order dated 20.4.2009, which was challenged by him in Rent Control Appeal No. 4 of 2009 before the District Judge, Bijnore and the same was transferred to IInd Additional District Judge, Bijnore which is still pending.;