SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri M.A. Qadeer, learned Senior Advocate, assisted by Sri M.H. Qadeer, learned counsel for the petitioner.
(2.) This writ petition was filed praying for the following relief: (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.8.2014, passed by the Prescribed Authority/J.S.C.C., Bareilly in P.A. Case No.11 of 2012 and order dated 27.4.2017, passed by the Additional District Judge, Court No.-10, Bareilly in Rent Control Appeal No.12 of 2014. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to evict the petitioner from the shop in dispute in pursuance of the impugned orders.
(3.) Briefly stated facts of the present case are that one Sri Mohd. Puttan was the owner and landlord of the building situated at Mal Godam Road, Sari Junction, Subhash Nagar Dhal, Bareilly. The petitioner-defendant was a tenant of one shop (hereinafter referred to as 'the disputed shop') situated in the said building. He filed a P.A. case No.11 of 2012, under Section 21(1)(A) of Act No.13 of 1972 for release of the disputed shop on the ground of bonafide need for carrying on business by his son Mohd. Javed to earn his livelihood. The said Sri Mohd. Puttan died during pendency of the case. Seven persons were substituted including the aforesaid Mohd. Javed who was substituted as plaintiff no. 1/2. The bonafide need was alleged in the plaint by the aforesaid late Mohd. Puttan for the plaintiff-respondent no.2 Sri Mohd Javed.;