Sudhir Agarwal, J. - (1.) Heard Sri Gautam Chaudhary, learned counsel for the petitioner and Sri P.K. Rajput, Advocate holding brief on behalf of Sri P.P. Singh, learned counsel for respondents.
(2.) This writ petition is directed against the judgment and order dated 20.09.2012 passed by Additional District Judge, Court No. 5, Bulandshahar in Rent Control Appeal No. 9 of 2004. The Appellate Court has set aside the judgment and order dated 15.07.2004 passed by Prescribed Authority/ S.C.C. Court, Bulandshahar in Rent Control Case No. 27 of 1999 filed by respondent-landlord under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"). The Appellate Court has allowed landlord's application and has released the accommodation in favour of landlord directing the petitioner- tenant to vacate the premises in dispute.
(3.) It appears that before Trial Court the tenant took a plea that the accommodation in question, which is a shop, in partition proceedings has gone to the share of some other person in the family of landlord than respondent-landlord who filed application under Section 21(1)(a). The Trial Court relying on those partition proceedings rejected landlord's application observing that shop in question not being proposed to be given in his share, the application for release of application on the ground of personal need on behalf of such landlord is not permissible in law. This finding, however, has been reversed by Appellate Court vide impugned judgement dated 20.09.2012.;