S.P.MEHROTRA, J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 22.8.1998 ( Annexure no. 3 to the writ petition) and the judgment and order dated 13.12.2002 ( Annexure no. 5 to the writ petition). The dispute relates to an accommodation on the ground floor of House no. 184- T/16 situated at Abulane, Merrut Cantt, Meerut. The said accommodation has hereinafter been referred to as the " disputed accommodation".
(2.) FROM the allegations made in the writ petition, it appears that one Banwari Lal ( respondent no.3 herein), Late Kamal ( predecessor - in- interest of respondent nos.4 to 10 herein ) and Mohan ( respondent no.11 herein) (-who are collectively referred to as the landlords-) filed a release application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 ( in short " the Act") against the petitioner for release of the disputed accommodation as well as against one Chander alias Chandra Singh (respondent no. 12 herein ) for release of an accommodation on the first floor of the said House no. 184-T/16, Abulane, Meerut Cantt, Meerut. It was, interalia, alleged in the said release application that only three rooms were available to the landlords in House no. 115-A, Sadar, Naya Bazar, Meerut Cantt where the landlords were presently residing ; and that there were 8 members in the family of the said Kamal and three members in the family of the said Mohan ; and that the disputed accommodation was bonafide required for the need of the family of the said Kamal . The said release application was registered as P.A. case no. 99 of 1992 . Copy of the said release application has been filed as Annexure no. 1 to the writ petition. It further appears that the petitioner contested the said release case in respect of the disputed accommodation, but the release case proceeded ex-parte against the said Chander alias Chandra Singh ( respondent no. 12 herein) in respect of the first floor accommodation in the said house no. 184-T/16, Abulane, Meerut Cantt, Meerut.
(3.) EVIDENCE was led by both the landlords as well as the petitioner. Learned Additional Judge, Small Causes Court/Prescribed Authority, Meerut, by the judgment and order dated 22.8.1998 allowed the said release application in respect of the disputed accommodation under the tenancy of the petitioner as well as the first floor accommodation under the tenancy of the said Chander alias Chandra Singh ( respondent no. 12 herein) . It was, interalia, held in the said judgment and order dated 22.8.1998 that it was established on record that there were 11 members in the family of the landlords while only three rooms were available for their residence; and that the need for the family of the said Kamal was bonafide; and that the comparative hardship was also in favour of the landlords . Thereupon, the petitioner filed an appeal under Section 22 of the Act which was registered as P.A. Appeal no. 340 of 1998. By the judgment and order dated 13.12. 2002, the learned Additional District Judge, Court no.4, Meerut dismissed the said P.A. Appeal No. 340 of 1998. Thereafter, the petitioner has filed the present Writ Petition seeking the reliefs mentioned above. I have heard the learned counsel for the petitioner at length. ;