Rakesh Tiwari, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by the petitioner/tenant for quashing the order dated 20/8/2009 in P.A. Case No. 9 of 1995 passed by the Prescribed Authority/IIIrd Additional Civil Judge Court No. 1, Agra, Suraj Prakash Jain v. Brijkishan Agrawal, and the order dated 17/7/2010 in Rent Control Appeal No. 80 of 2009 Brijkishan v. Suraj Prakash Jaun passed by the Appellate Court/Additional District Judge, Court No. 2, Agra. The petitioner has also prayed for issuance of a suitable writ order or direction which the Court may deem fit and proper under the circumstances of the case. The backdrop of the case is that the petitioner alongwith other co-tenants inherited it from their original tenant Bhola Nath (since deceased) S/o late Jeevanlal who was his father. The shop is situated in premises No. 29/294/2-F, Raja Ki Mandi, Agra tenemented out by the landlord @ Rs. 150/- per month besides water and other taxes; that Suraj Prakash Jain, the landlord (since deceased) instituted Suit No. 173 of 1991 in the Court of Judge Small Causes, Agra against the tenant on 29.7.1991 for eviction from the shop in dispute on the allegations that the tenant was given the shop for business of Kirana but he has started running business of grinding of herbs spices with aid of machines and due to alterations caused by running of the machines substantial damage has been caused to the building and that the tenants have also sub let a portion of the shop under his tenancy to other persons. After contest Suit No. 173 of 1991, was dismissed vide order dated 25.5.1996 holding that plaintiff had himself damaged the property in dispute and there was no subletting of any portion of the shop in dispute. Another release application was filed on 24.7.1993 by the landlord under Section 21 (1) (a) of the Act on the ground of bonafide need for his four sons. This application was registered as P.A. Case No. 33 of 1993 but was not pressed by the applicant landlord and was dismissed as such by order dated 23.2.1994. The prescribed authority allowed the release application vide order dated 20.8.2009 holding that need of the landlord is bona fide and he will suffer greater hardship that the tenant of shop in dispute is not released to him. Aggrieved by the tenant/petitioner filed Civil Appeal No. 30 of 2009 before the District Judge, Agra. The landlord Suraj Prakash Jain in the meantime died on 16.3.2010 and his four sons and daughter were substituted.
(3.) THE landlord had moved an application before the Prescribed Authority/lllrd Additional Civil Judge, Agra under Section 21 (1) (b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972, herein after referred to as the Act. This application was registered as P.A. Case No. 9 of 1995. Release of the shop in dispute was sought on the ground of default in payment of rent, causing damage to the building, subletting a part of the shop to this brother and also on the ground that building being old is in a dilapidated condition hence requires demolition and reconstruction. A Suit No. 193 of 1993 was also filed by the tenant for permission to carry repairs in the shop in dispute as landlord was not maintaining the building. It was decreed and in execution of it, the shop was repaired. The Misc. Appeal No. 3 of 1996 preferred by the landlord against the order allowing repairs of the tenant's portion, was allowed on 30.1.2002 remanding the matter to the Prescribed Authority. The learned counsel for the petitioner submits that since the landlord concealed the extent of vacant accommodation in his possession, hence the tenant/petitioner filed an application dated 11.1.2010 for inspection. ;