- (1.) HEARD Shri Mahesh Chandra, learned counsel for the petitioner and Shri Akash Dikshit, who appears for the contesting respondent no. 1, the landlord.
(2.) THIS writ petition arises out of an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting and Rent and Eviction) Act, 1972 filed by the contesting respondent for release of shop nos. 685 and 686 on the ground of personal need of the contesting respondent no. 1.
(3.) DURING the pendency of the case, an impleadment application, paper no:55, filed on behalf of the petitioners was rejected by the prescribed authority by the order dated 31.1.2013, impugned in this petition. The impleadment application was filed by the petitioners alleging therein that the accommodation in dispute was let out in 1968 to Shri Laxmi Chandra Agarwal, who died on 02.09.1983 leaving behind his widow, two sons and six daughters. It is the case of the petitioners that Badri Prasad Agarwal, son -in -law of Laxmi Chandra Agarwal and husband of Smt. Ram Dulari, was also a partner in the partnership business run from the accommodation in dispute. The release application was filed without impleading either the widow or the daughters of Laxmi Chandra Agarwal. It was further stated that the mother of the petitioners', namely Smt. Dulari, daughter of Laxmi Chandra Agarwal, died on 08.06.2011. She was a necessary party but had not been impleaded and hence the impleadment application by her heirs.;