- (1.) Heard Sri Rajesh Ji Verma, Senior Advocate, assisted by Sri S.P. Lal for petitioner and Sri D.P. Singh, Senior Advocate, assisted by Sri S. Niranjan, Advocate, for respondents.
(2.) Petitioner has come to this Court by referring to Article 226 of Constitution though in effect, it is under Article 227 since he is aggrieved by an order dated 19.9.1988 passed by Addl. District Judge dismissing Revision No. 16 of 1988 and upholding the Judge, Small Cause Court's order dated 19.9.1988 in SCC Suit No. 13 of 1984. The Courts below have decreed the suit of respondent no. 3 and has directed the petitioner to hand over vacant possession of premises in question to plaintiff-respondent no. 3 besides, pendente lite rent and damages.
(3.) The only question argued before this Court is that landlord earlier filed an application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") before Prescribed Authority i.e. P.A. Case No. 2 of 1983 seeking release of premises in question on the ground of personal need. The application was partly allowed vide order dated 13.12.1983 by Prescribed Authority directing eviction of defendants no. 1 and 2, namely, Prabhu Dayal and Ram Naresh and directing them to hand over possession of vacant premises to plaintiff no. 1, i.e. respondent no. 3 in the present writ petition, but it was dismissed against present petitioner and one Fakire Yadav.;