SHIV PRASAD JAISWAL Vs. FIRST ADDL. DISTRICT JUDGE,AZAMGARH & ORS.
LAWS(ALL)-2006-1-255
HIGH COURT OF ALLAHABAD
Decided on January 31,2006

SHIV PRASAD JAISWAL Appellant
VERSUS
First Addl. District Judge,Azamgarh Respondents

JUDGEMENT

S.U.KHAN, J. - (1.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlords-respondents 2 to 4 Manohar Lal and Ors. against him on the ground of bona fide need under Section 21 of U.P. Act No. 13 of 1972 in the form of RA. Case No. 4 of 1988 on the file of Prescribed Authority/Civil Judge, Azamgarh. Prescribed Authority through judgment and order dated 4-4-1990 dismissed the release application. Against the said judgment and order landlords- responĀ­dents filed Miscellaneous Appeal No 42 of 1990. 1st Additional District Judge, Azamgarh through judgment and order dated 3-5-1991 allowed the appeal and set aside the judgment and order passed by the Prescribed Austerity Consequently, release application stood allowed. This writ petition by tenant is directed against the said Judgment of the Appellate Court
(2.) IN the property in dispute the tenant-petitioner is doing business. He has installed flour Mill and Oil expeller in the property in dispute. Rent is only Rs 10 per month. Tenancy is continuing since 1958, Landlords had stated in the release application that they required the premises in dispute for starting some business. Tenant pleaded that father, of the landlords i.e. Mangal Chand was quite a rich man and he owned several businesses, houses and shops and family of the landlords was joint, hence they could joint their father in his business
(3.) PRESCRIBED Authority held that Accordingly I hold that the applicants are members of a Joint Hindu Family and they carry on their business with their father Mangal Chand.;


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