- (1.) Heard Mohd. Arif Khan, Senior Counsel assisted by Mohd. Aslam Khan learned counsel for the petitioner; Sri Nirankar Nath Jaiswal learned counsel for the respondents no. 3 and 4 and perused the pleadings of writ petition.
(2.) This writ petition has been filed with a prayer to issue writ of certiorari quashing the order dated 17.05.2011 passed by the Additional District Judge, Court no. 3 Lakhimpur Kheri whereby the judgement dated 21.11.2009 passed by the Additional Chief Judicial Magistrate, Court no.2, Lakhimpur Kheri has been upheld.
(3.) The brief facts of the case are that the respondents had filed an application under Section 21(1)(a) of the Act No. 13 of 1972 stating that he is the owner of the building and the petitioner is the tenant @ Rs.200/- per month in his shop. There are two major sons of the landlord and the said shop is required for his sons as he has no alternate shop. The landlord had requested the tenant to vacate the shop but the said shop has not been vacated.;