Surya Prakash Kesarwani, J. - (1.) Heard Sri Ramendra Asthana, learned counsel for the defendant-petitioner/tenant.
(2.) This writ petition under Article 226 of the Constitution of India, has been filed for the following relief: "(a) issue a writ, order or direction in the nature of certiorari quashing the judgments and orders dated 21.11.2017(contained in Annexure No.14 to the writ petition) passed by the learned Additional District Judge, Court No.12, Agra dismissing Misc. Appeal No.126 of 2016, (Smt. Meena Begum Vs. Naim Khan) and 03.08.2016 (contained in Annexure No.12 to the writ petition) passed by the learned Prescribed Authority/Additional Civil Judge (Senior Division), Court No.5, Agra allowing Release Application, registered as P.A. Case No.64 of 2013, (Naim Kha Vs. Meena Begum). (b) issue such other writ, order or direction as may be deemed to be necessary under the facts and circumstances of the case, may also kindly be granted. (c) award the costs of the writ petition to the petitioner".
(3.) Sri Ramendra Asthana, learned counsel for the defendant-petitioner/tenant has submitted as under : (i) Notice under Ist Proviso to Section 21(1) (a) of U.P. Act 13 of 1972 is mandatory, which was not given and as such the application under Section 21 (1) (a) filed by the plaintiff-landlord/respondent no.3 was not maintainable. (ii) The application for issue of Commission (Paper No.69Ga) for inspection of Property No.28/420 and 28/390, Bindaganj, Chhatta Ward, Agra, and property No.18/86, Mantola, Agra, was arbitrarily and illegally rejected. The issue of commission for inspection of the aforesaid three houses was necessary for determination of the question of bonafide need of the plaintiff-landlord/respondent no.3. Therefore, both the impugned judgments are wholly erroneous and based on relevant evidences on record. (iii) The plaintiff-respondent no.3 has completely failed to establish his bonafide and genuine need. Therefore, in the absence of boanafide need, the impugned judgments directing for release under Section 21(1) (a) of the Act, is wholly arbitrary and illegal.;