Surya Prakash Kesarwani, J. - (1.) Heard Sri Ashish Kumar Singh, learned counsel for the defendant-petitioner and Sri Anupam Kumar, learned counsel for the plaintiffs-respondents/landlord.
(2.) Briefly stated facts of the present case are that disputed building is situate in Triveniganj, Timber Nagar, Garh Road, Hapur. It appears that initially only ground floor was constructed in the form of a big hall and it was let out to New Insurance India on a monthly rent of Rs.2700/-, as evident from copy of Khasra for the year 1986-87. It further appears that one room and toilet was constructed on the first floor which was let out to the defendant-petitioner/tenant in the year 2007. The plaintiffs-respondents filed a release application dated 18.4.2017 under Section 21(1)(a) of the U.P. Act No.13 of 1972, for release of a room situate on the first floor which was under tenancy of the defendant-petitioner. In paragraph 28 of the written statement the defendant-petitioner had stated as under:
(3.) The aforesaid release application was registered as P.A. Case No.9 of 2017, which was allowed by the Prescribed Authority/Civil Judge (J.D.)-1st, Hapur, recording findings of fact that the building is commercial and there is bonafide need of the plaintiffs-respondents for the disputed portion of the building in question. Aggrieved with this order, the defendant-petitioner had filed Rent Control Appeal No.09 of 2017 (Shiv Kumar Vs. Kapil Kripal Singhal and others) which was dismissed by the impugned order dated 27.11.2017. Aggrieved with these two orders the defendant-petitioner has filed the present petition under Article 226 of the Constitution of India praying to quash the aforesaid two orders/judgments.;