Surya Prakash Kesarwani, J. - (1.) Heard Smt. Rama Goel "Bansal" learned counsel for the defendant-tenant/petitioners and Sri Rahul Sahai, learned counsel for the plaintiff-landlady/respondents.
(2.) This writ petition has been filed praying for the following relief: "(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 25.01.2018 passed by the Additional District Judge/Special Judge, Mathura in P.A. Appeal No.6 of 2013 and the order dated 29.03.2013 passed by Additional Civil Judge (Senior Division), Court No.4, Mathura in PA Case No.32 of 2010."
(3.) Briefly stated facts of the present case are that the plaintiff-landlady is the permanent resident of Mathura. Her husband Shree Kant was in service at Baroda (Gujarat). During service he died. During course of his service the plaintiff-landlady being her wife was temporary residing at Baroda. Her relatives and family members are mainly in Mathura. Since she has become widow, therefore, she decided to start a business in the disputed shop for her livelihood and also to keep her busy. Therefore, after following due procedure of law; she filed a release application under Section 21(1)(a) of U.P. Act 13 of 1972 for release of the disputed shop on the ground of bonafide need. The release application being P.A. Case No.32 of 2010 (Chhama Chaturvedi and another Vs. Raman Lal Chaturvedi and another) was allowed by the Additional Civil Judge (S.D.) Court No.4, Mathura, by judgment dated 29.3.2013 and the disputed shop was directed to be vacated within two months. Aggrieved with this judgment the defendant-tenant filed a P.A. Appeal No.06 of 2013. It appears that during pendency of the appeal the tenant Raman Lal Chaturvedi died. He was substituted by his heirs and legal representatives, namely, his wife Smt. Sudha Chaturvedi, the son Atul Chaturvedi, and daughters, namely, Smt. Ranju Chaturvedi, Smt. Poonam Chaturvedi and Smt. Payal Chaturvedi. The aforesaid appeal was dismissed by judgment dated 27.10.2016. Aggrieved with the said judgment the defendant-tenant/petitioner filed Writ - A No. -53810 of 2016 (Raman Lal Chaturvedi and five others Vs. State of U.P. and two others) which was allowed by order dated 5.7.2017 on the ground that the Additional evidence filed by the defendant-tenant needs to be considered by the appellate court. Consequently, the matter was remanded. On remand the aforesaid P.A. Appeal No.06 of 2013 has been dismissed by the impugned judgment dated 25.1.2018 passed by the Additional District Judge/Special Judge, Mathura. Aggrieved with the aforesaid two judgments dated 29.3.2013 and 25.1.2018, the defendant-tenant/petitioner has filed the present petition under Article 226 of the Constitution of India.;