SANGEETA CHANDRA,J. - (1.) This writ petition has been filed praying for a writ in the nature of certiorari for quashing the order dated 04.04.2018 passed by respondent No. 2, learned Additional District Judge, Court No. 7, Bijnor, by which the application of the tenants-petitioners, namely, Paper No. 108 Ga and Application Paper No. 112 Ga, have been rejected and for a mandamus to be issued to the learned Appellate Court i.e. the Court of the learned Additional District Judge, Court No. 7, Bijnor to allow the said applications.
(2.) Mr. Krishna Mohan Garg, learned counsel for the tenants-petitioners has submitted that the landlord-respondent filed a Release Application under section 21(1)(a) for release of shop situated at Mohalla Mahajnan, Qasba and Pragana Kiratpur, Tehsil Najibabad, district Bijnor, which was in possession of the petitioners, who had inherited the tenancy from their ancestors. In the release application, the landlord-respondent had stated that he had purchased the shop in question in 1990 and the said shop is required to do his business of Sarrafa, as he was presently doing his business in the shop of his brother Arvind Kumar. The release application was registered as P.A. Case No. 7 of 2009, and after exchange of pleadings, the Prescribed Authority, Najibabad by its order dated 05.04.2016 allowed the release application.
(3.) The tenants-petitioners thereafter filed a Rent Control Appeal, which was being considered by the learned Additional District Judge, Court No. 7, Bijnor. During the course of the pendency of the appeal, the memo of the appeal was amended by the tenants-petitioners bringing on record the subsequent developments, viz., purchase of shop by the landlord-respondent in the name of his real Aunt Smt. Saroj Rani, and starting of a new business in the said shop, which is situated on the southern side of the shop in dispute.;