M. P. Singh, J. - (1.) THE present writ petition arises out of proceedings under section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act XIII of 1972) (hereinafter referred to as the Act).
(2.) THE petitioner is a tenant. THE admitted facts are that the accommodation in dispute is a non residential building known as Minerva castle situate in Kulri, Mussoorie. THE petitioner is running a hotel in the said premises. Labh Singh, who was the tenant, died in 1972 leaving behind his widow Smt. Jaswendra Singh and his three sons, including the present petitioner Mahendra Pal Singh. On 18-9-1982 an application under section 21 (1) (a) of the Act for release of the accommodation was filed on the ground of personal need. The tenant contested the said application on the ground that the need of the landlord is not bonafide. The landlord possessed other properties also and he was not going to settle down at Mussoorie. In fact he wanted to dispose of the property after evicting the petitioner. The application under section 21 (1) (a) of the Act was not maintainable since the lease was for a fixed term. It was further stated that the application was not maintainable as all the heirs of Labh Singh were not impleaded as defendants in the case who are all tenants in common.
(3.) AFTER considering the entire evidence on the record the learned Prescribed Authority allowed the application under section 21 (1) (a) of the Act by his order dated 8-9-1983 after deciding all the points in favour of the landlord, including the question of maintainability of the application. Aggrieved against the order dated 8-9-1983 the tenant filed an appeal under section 22 of the Act before the learned District Judge who by his order dated 22-12-1983 allowed the same and remanded the case back to the Prescribed Authority to decide the same afresh.;