- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, inter alia, praying for quashing the judgment and order dated 14-8-2003 (Annexure No. 10 to the writ petition) passed by the Additional District Judge (Court No. 10), Kanpur Nagar (Appellate Authority ).
(2.) THE dispute relates to a portion on the ground floor of Premises No. 11/99 II, Maqbara - Gwaltoli, Kanpur Nagar, the details whereof are given in the release application referred to hereinafter. THE said accommodation has hereinafter been referred as the "disputed accommodation". It appears that the respondent No. 2 filed a release application against Bashir Ahmad, predecessor-in- interest of the petitioners herein, under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act" ). It was, inter alia alleged in the said release application that the respondent No. 2 was the owner and landlord of the said Premises No. 11/99 II, Maqbara-Gwaltoli, Kanpur Nagar, and the said Bashir Ahmad was the tenant of the disputed accommodation in the said Premises; and that the respondent No. 2 required additional accommodation; and that the comparative and constructive hardship lay in favour of the respondent No. 2. The said release application was registered as Rent Case No. 7 of 1998. Copy of the said release application has been filed as Annexure No. 1 to the writ petition.
(3.) IT further appears that the said Bashir Ahmad contested the said release application and filed his written statement, copy whereof has been filed as Annexure No. 2 to the writ petition. It was, inter alia, alleged in the said written statement that the respondent No. 2 used to collect rent from the said Bashir Ahmad; and that the disputed accommodation was let out by Khaliq to the said Bashir Ahmad 30 years back, and he used to collect rent and issue rent receipt; and that in 1988 when Khaliq lastly went to Pakistan, he asked the said Bashir Ahmad to pay rent in future till the next instruction to his wife's brother Qamaruddin, i. e. respondent No. 2, to whom Khaliq also handed over the keys of his portion; and that the said Bashir Ahmad started paying rent to the respondent No. 2, and the respondent No. 2 started issuing rent receipt on behalf of the said Khaliq.;