Shashi Kant Gupta, J. - (1.) THIS writ petition has been filed against the judgment and order dated 16.7.2011 passed by the Additional District Judge, Court No. 7, Meerut whereby the appeal filed by the landlady was allowed and the order dated 12.10.2000 passed by the Prescribed Authority, Meerut was set aside. Brief facts of the case are as follows;
(2.) RESPONDENT No. 3, late Smt. Vimla Devi, mother of respondent No. 4, Vijay Kumar Rajwanshi filed an application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short "Act") for release of the shop in dispute whereby need was set up to establish her son respondent No. 4 which was registered as P.A. Case No. 62 of 1998. After the exchange of pleadings and affidavits, the Prescribed Authority by judgment and order dated 12.10.2000 rejected the said release application. Aggrieved and dissatisfied with the said order, the respondent No. 3 filed a Rent Control Appeal No. 281 of 2000. During the pendency of the said appeal Smt. Vimla Devi, respondent No. 3 died. Thereafter, her husband also died and the respondent No. 4, son of the respondent No. 3, late Vimla Devi was substituted in her place. Thereafter, respondent No. 4 moved an amendment application, seeking an amendment in the application filed under section 21 of the Act, whereby need was set up to establish his son Ravi Rajvanshi. It was stated, inter alia, in the amendment application that the family of the applicant consists the applicant himself, his wife, one son Ravi Rajvanshi aged about 23 years, and two daughters aged 24 and 13 -1/2 years, and the applicant is carrying on the business of Surrafa and Money Lending on the ground floor shop of the premises. It was further stated that the son of the applicant has passed B. Com but could not study further and is at presently assisting the petitioner on the ground floor shop and has become of marriageable age, and wants to set up his own independent business separately. It was further stated in the amendment application that the disputed shop is on the first floor of the shop, which is an ideal place for the establishing his son, and the son of the applicant, who is major, has a right to do his own independent business and to earn for himself separately. It was also stated that the income from the business of the applicant was not so much that it may fulfill the needs of his family and besides this, the applicant has two young daughters and one of them is of marriageable age.
(3.) THE said amendment application was allowed and the respondent No. 4 was permitted to incorporate aforementioned facts in the release application filed under section 21 of the Act. The Appellate Court by judgment and order dated 16.7.2011 allowed the appeal and set aside the order dated 12.10.2000 passed by the Prescribed Authority. Hence, the present writ petition.;