S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by Griraj Dharan respondent No.2 on the ground of bonafide need under section 21 of U.P Act No. 13 of 1972 in the form of U.P case No. 6 of 1985 on the file of prescribed authority Khurja.
(2.) Property in dispute is a shop rent of which is Rs. 30/- per month according to the tenant and Rs. 150/- per month according to respondent No.2. Prescribed authority/Munsif Khurja through judgment and order dated 27.1.1988, dismissed the release application. Against the said judgment and order respondent No.2 filed R.C Appeal No. 7 of 1988. VIII Additional District Judge, Bulandshahr through judgment and order dated 12.3.1991, allowed the appeal, set-aside the judgment and order of the prescribed authority and allowed the release application of the respondent No.2, hence this writ petition.
(3.) In the release application respondent No.2 asserted that he was the landlord and he required the shop in dispute for his own use. In the written statement, the allegation that respondent No.2 was the landlord was accepted however afterwards an application seeking amendment in the written statement was filed stating therein that respondent No.2 was not the landlord and his wife was the landlady as property in dispute had been purchased in her name on 30.11.1981. The prescribed authority rejected the said application on 31.8.1987 holding the same to be belated and a device to delay the proceeding.;