S.U.KHAN, J. - (1.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent Nos. 1 to 3 under Section 21 of U. P. Act No. 13 of 1992 on the ground of bona fide need. The property in dispute is a shop in tenancy occupation of the petitioner. The property in dispute was purchased by landlords respondent Nos. 1 to 3 in the year 1988. The petitioner is son of the original tenant Dharm Prakash (since deceased and survived by petitioner and respondent Nos. 4 to 8) who was the tenant of the said property since before its purchase and carrying on the business in the name of Syama Crokery's.
(2.) IT was further alleged in the release application that father of the landlords had an accommodation measuring 18' x 150' in which father of the landlords Moti Lal was carrying on business of retail and whole sale of general merchandise and of some agencies by name of Cash and Company and was also using the back portion of the same as godown. The need set up in the release application was for Sunil Kumar and Sushil Kumar. It was further alleged that Sushil Kumar was assisting in the business of his father. The prescribed authority/Additional Civil Judge, Senior Division, Mirzapur, before whom the release application was filed and registered as Misc. Case No. 12 of 1995, dismissed the release application by judgment and order dated 18.3.1999. The landlord respondent Nos. 1 to 3 filed the appeal against the same being Misc. Appeal/Rent Appeal No. 2 of 1995 under Section 22 of the Act. Additional District Judge, Court No. 4 Mirzapur by judgment and order dated 23.11.2002 allowed the appeal and set aside the order of the prescribed authority and allowed the release application with the condition that in case the tenant desired, he could take a room in the back side of the shop in dispute of his choice or he could receive Rs. 10,000 from the landlords.
(3.) THIS writ petition is directed against the aforesaid judgment and order passed by the appellate court.;