- (1.) S. P. Mehrotra, J. Supplementary affidavit filed today on behalf of the petitioner he taken on record.
(2.) THIS writ petition has been filed by the petitioner inter-alia, praying for quashing the judgment and order dated 29-10- 1999 (Annexure 6 to the writ petition) passed by the Prescribed Authority and the judgment and order dated 12-12-2002 (Annexure- 7 to the writ petition) passed by the learned Additional District and Sessions Judge, Court No. 9, Agra (Appellate Authority ). The dispute relates to a shop bearing building No. 23 Baldeoganj, Lohamdni Agra the details whereof have been given in the release application referred to hereinafter. The said shop has, hereinafter, been referred to as the "disputed shop". From the allegations made in the writ petition, it appears that Amba Prasad predecessor-in-interest of the Respondent Nos. 1 to 6, filed a release application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (in shot "the Act") against the petitioner in respect of the disputed shop. The said release application was registered as P. A. Case No. 40 of 1992. A copy of the said release application has been filed as Annexure 1 to the supplementary affidavit filed today on behalf of the petitioner.
(3.) IT was, inter-alia alleged in the said release application that the said Amba Prasad was the owner and landlord of the disputed shop wherein the petitioner was tenant at the rate of Rs. 16/- per month; and that the disputed shop was bona- fide required for the son of the said Amba Prasad namely, Devendra Singh and for the ground son of the said Amba Prasad, namely Bharat Bhushan, son of Rajendra Singh for their independent and suitable business after making alterations and additions as per their requirements and that the building in question was quite old and old type construction and required complete alterations. The said release application was contested by the petitioner. Evidence was led by both the sides.;