S.P.MEHROTRA, J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter -alia, praying for quashing the judgment and order dated 24 -8 -2002 (Annexure No. 3 to the writ petition) passed by the learned Additional Civil Judge (S.D.)/Prescribed Authority, Court No. 3, Varanasi, and the judgment and order dated 30 -10 - 2000 (Annexure No. 4 to the writ petition) passed by the learned District and Sessions Judge, Varanasi.
(2.) THE dispute relates to an accommodation on the ground floor in House No. B. 22/270 -C Shankudhara, Khojwa, Varanasi. The said accommodation has hereinafter been referred to as the disputed accommodation. From the allegations made in the writ petition, it appears that Smt. Rama Gupta, wife of the respondent filed a release application under Section 21 (1)(a) of the U.P. Act No. XIII of 1972 (in short the Act) against the petitioner for release of the disputed accommodation. It was, inter -alia, alleged in the said release application that the said Smt. Rama Gupta was the owner and landlady of the said House No. B 22/270 -C situated in Mohalla Sankudhara, Khojwa, Varanasi; and that the petitioner was the tenant of the disputed accommodation at the monthly rent of Rs. 205/ - per month; and that the age of the said Smt. Rama Gupta was 75 years while the age of her husband (respondent herein) was 85 years; and that the said Smt. Rama Gupta as well as her husband were very old and were suffering from various deceases; and the said Smt. Rama Gupta bona -fide required the disputed accommodation for keeping her elder son with her; and that the elder son of the said Smt. Rama Gupta had taken voluntary retirement; and that the petitioner was employed in the Life Insurance Corporation, and that the petitioner had a house constructed in Village Bhagwanpur, Varanasi after taking loan from his department; and that the petitioner could easily shift his family in the house; and that the petitioner would not suffer any hardship, in case, the release application was allowed while Smt. Rama Gupta and her family would suffer greater hardship in case of rejection of the said release application. The said release application was registered as P.A Case No. 6 of 1999; a copy of the said release application has been filed as Annexure No. 1 to the writ petition.
(3.) DURING the pendency of the said release application, the said Smt. Rama Gupta expired and her husband Ram Gopal was substituted as her heir and legal representative.;