Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record. The petitioner has prayed for a writ of certiorari quashing the impugned judgment and order dated 15.5.1996 passed by Vth Additional District Judge, Fatehpur besides a writ of mandamus commanding the respondents to release the disputed building in favour of the petitioner by restoring the judgment and order dated 25.7.1995 passed by the prescribed authority in Case No. 15/70 of 1992 between Smt. Shahjahan Begum v. Manoj Kumar.
(2.) THE disputed shop is part of House No. 551 in Mohalla Maswani, G.T. Road Crossing, Baqarganj, Town and District Fatehpur which is under the tenancy of respondent No. 2 since 1983 on rent of Rs. 160/ - per month. The petitioner is the landlady of the shop in dispute. It was earlier in the tenancy of father of respondent No. 2 Sri Jayanti Prasad who died in 1983. The respondent -tenant carried on the business of rope, strings, tat -patti etc. in the shop in dispute as a wholesale distributor of District Fatehpur. He also has another shop in Mohalla Hariharganj in Fatehpur wherein he sells spirit.
(3.) THE landlady moved an application under section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) for release of the shop in dispute on the ground that her son Warisuddin who had become major wanted to engage himself in the business of general stores and the shop in dispute being on ground floor is suitable for the business which he wanted. The application was registered as Misc. Case No. 15/70 of 1995.;