- (1.) Heard learned counsel for the parties.
(2.) The order passed by the Additional Civil Judge (C.D.), A.C.M.M. 9th, Kanpur Nagar in Misc. Case No. 10/74/2010 is under challenge. The brief facts relevant to decide the controversy in hand are that the petitioners were tenants of one shop and adjoining Kothari, each on the ground floor on a nominal rate of rent in the premises no. 43/21, Dhobi Mohal, Chowk Sarrafa, Police Station Kotwali, District Kanpur Nagar. A release application was filed by respondent nos. 2 and 3 against several tenants in occupation of separate portions of the same building.
(3.) The ground was that the building was in dilapidated condition and requires reconstruction. All the release applications were decided by a common judgment and order dated 24.2.2000 by the Prescribed Authority on the conditions laid down therein. The appeal preferred by the petitioners was dismissed affirming the judgment passed by the Prescribed Authority. In a Writ Petition No. 34006 of 2004 (Krishna Gopal Bajpai & Others vs. Raju Verma & Others) filed by the petitioners alongwith the other tenants, this Court has upheld the order of release but has laid down certain conditions in its judgment and order dated 20.11.2008 while disposing off the writ petition.;