S.D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the constitution of India. The property in dispute is a shop, situate in Mohalla Hathi Khana, Fatehgarh. The petitioners are the landlords of the said shop. Naresh Chandra, who has been impleaded as respondent No. 3, is the tenant of the said premises.
(2.) THE landlords filed an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 U.P. Act No. 13 of 1972) for release of the accommodation in dispute. This application was contested by Naresh Chandra. Ultimately, the Prescribed Authority found that the need of the petitioners landlords was bona fide. It was further found by the Prescribed Authority that Naresh Chandra had an alternative accommodation available with him, which is situated in Sabzi Mandi in the neighbourhood of the shop in question and that Naresh Chandra could shift his business in the said shop. Aggrieved by the decision of the Prescribed Authority, Naresh Chandra filed an appeal before the District Judge. This appeal was also dismissed by the learned District Judge. Against the judgments of the Prescribed Authority and the District Judge, Naresh Chandra filed a writ petition in this Court, being Writ No. 11133 of 1984. This writ petition came up for final hearing before Hon'ble K.C. Agarwal, J., who, by his judgment dated 3rd October, 1985, dismissed the petition. Naresh Chandra made a prayer to this Court for grant of time to deliver possession. This Court granted four month's time to Naresh Chandra to deliver the possession to the landlords.
(3.) IN pursuance of the order of this Court, Naresh Chandra did not deliver possession and now Mangali Prasad came on the scene, who is the own father of Naresh Chandra. He filed a suit No. 46 of 1986 in the court of Munsif, Fatehgarh, seeking an injunction for restraining the petitioners from taking possession of the property. On 23rd January, 1986, the Munsif passed an order maintaining status quo.;