- (1.) HEARD Sri V.K.Singh, Advocate for the petitioner and Sri Pramod Kumar Jain, Senior Advocate, assisted by Sri Anil Tripathi, Advocate for the respondents.
(2.) THIS is landlord's writ petition, who has felt aggrieved by judgment and order dated 25.1.2003 passed by Appellate Court i.e. Special Judge (Essential Commodities Act), Allahabad whereby Appellate Court had allowed respondents-tenant's appeal and has set aside Prescribed Authority's judgment and order dated 15.11.1999 in Rent Case No.32 of 1997. The result is that petitioner's release application filed under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") for release of House No.55, Sadar Bazar Cantt., Allahabad has stood rejected. The facts, in brief, giving rise to the present dispute are that petitioner is the owner and landlord of House No.55, Sadar Bazar Cantt., Allahabad. Earlier the aforesaid house was owned by petitioner's father Sri Chotey Lal, who let out the same to Sri Hazari Lal long back. After the death of petitioner's father, house in question devolved upon petitioner and his brother Tribhuvan Narayan vide registered partition deed dated 28.1.1980 both, settled for half of the house in each share between themselves.
(3.) SRI Hazari Lal, initial tenant, died on 7.3.1984 whereafter tenancy devolved upon legal heirs of erstwhile tenant but a fresh agreement was executed on 13.8.1984 with respondents- tenants namely Sri Suresh Chandra Son of Late Hazari Lal and Smt. Kaushalya Devi, widow of Late Hazari Lal, whereon it was stipulated that let out accommodation shall be vacated by respondent-tenants after marriage of Nirmala Devi sister of respondent no.1 and daughter of respondent No.2.;