SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Girija Shankar Srivastava, learned counsel for the defendant-tenant/petitioner.
(2.) Briefly stated facts of the present case are that House No.2 (Old No.14/33), In front of Tel Mill Gate, Near Ampala Emporium Delhi, Meerut Road Modinagar, District Ghaziabad, was owned by one Sri Murari Lal. After his death, his wife Smt. Phoolwati became the owner and landlady by way of his Will. The defendant-petitioner was the tenant of a shop in the aforesaid house. The aforesaid Smt. Phoolwati had sold the aforesaid house by executing two sale deeds both dated 10.01.1997 by which she had sold half portion of the house to Sri Satish Kumar Pasreecha and other half portion of the house to Smt. Renu Pasreecha wife of Sri Satish Kumar Pasreecha. The disputed shop was part of the portion purchased by the aforesaid Smt. Renu Pasreecha. Thereafter, on being apprised by Smt. Renu Pasreecha the defendant-tenant started paying rent. According to Smt. Renu Pasreecha, the rent was being collected by her from the defendanttenant through her aforesaid husband Sri Satish Pasreecha.
(3.) The plaintiff-landlady Smt. Renu Pasreecha filed a P.A. Case No. 06 of 2012 (Smt. Renu Pasreecha v. Manohar Lal and another ) under Section 21(1)(a) of U.P. Act 13 of 1972 on the ground of her bona fide need for starting of business by her son Ashish who was unemployed. In her release application, she clearly stated that the rent was being received on her behalf by her husband Sri Satish Kumar Pasreecha. The defendant-tenant has not denied the payment of rent of the disputed shop but he stated that it was being paid to Sri Satish Kumar Pasreecha. He has not disputed that Smt. Renu Pasreecha, the wife of Sri Satish Pasreecha; is the owner and landlady of the disputed shop. The landlady led evidences in the aforesaid P.A. case which was allowed by the Prescribed Authority/Civil Judge (Senior Division), Ghaziabad by judgment dated 21.03.2015. Aggrieved with this judgment, the defendants-tenants/petitioners filed Rent Control Appeal No.32 of 2015 (Manohar Lal and others v. Smt. Renu Pasreecha and others ) which was dismissed by judgment dated 15.03.2017 passed by the Additional District Judge/Special Judge (SC/ST Act), Ghaziabad. During pendency of the aforesaid appeal, the decree passed in P.A. Case No.06 of 2012 was executed and the defendants-tenants/petitioners were dispossessed. Therefore, in appeal, he filed an application for restoring his possession. However, his appeal itself was dismissed by the Appellate Court by impugned judgment dated 15.03.2017 as aforementioned. Aggrieved with the judgment of the Appellate Court, the defendants-tenants/petitioners have filed the present petition under Article 227 of the Constitution of India.;