S.U.Khan, J. - (1.) THIS writ petition filed by the landlady and arising out of release proceedings under section 21 of U.P. Act No. 13 of 1972 was allowed ex -parte on 26.10.2005 as on the said date no one had appeared on behalf of tenant respondent No. 3 Bhagwan Das. Thereafter, rehearing application was filed stating therein that about a month before the decision dated 26.10.2005 tenant had died. Restoration application was allowed and judgment dated 26.10.2005 was set -aside. Substitution application has also been allowed. Heard learned Counsel for the parties.
(2.) RELEASE application was registered as Case No. 3 of 1991. Prescribed Authority/Civil Judge (J.D.), Amroha District Moradabad dismissed the release application on 29.9.1995. Against the said judgment and order, R.C. Appeal No. 36 of 1995 was filed which was dismissed on 29.9.1998 by A.D.J./Special Judge (E.C. Act), Moradabad, hence this writ petition. Property in dispute is a shop. Landlady pleaded that she required the shop in dispute for setting his eldest son Rajendra Kumar in business who had passed M.Sc. three years before however, he was out of job. In the release application it was stated that landlady had two more sons who were studying in B.A. and Class -VII.
(3.) DURING pendency of appeal tenant filed an affidavit on 20.8.1998 stating therein that a shop in which husband of the landlady was doing business had been vacated by him. It was also stated therein that another tenant of the landlady i.e. Mahfooz Ahmad had also vacated the shop in his tenancy occupation in July, 1998. Landlady filed counter -affidavit to the said affidavit and stated that the shop vacated by her husband was being used by her other son Devendra Kumar and she proposed to settle her third son Satyendra Kumar in business from the shop vacated by Mahfooz Ahmad.;