- (1.) This writ petition is directed against the judgment of the District Judge, Dehradun dated 8.7.1977 allowing partly on appeal filed by the respondents 1 to 10.
(2.) Respondents 1 to 10 were the owners of a house No. 142 Nashvilla Road, Dehradhun. It had been let out to two tenants. One of the portions had been let out to T.H. Zaidi, the petitioner and the other to Sri J.C. Tripathi, respondents 12. An application was filed by the respondents for release of the premises as against both the tenants claiming that the same was required by Lt. Col. Vijay Prakash and Dr. Satya Prakash, respondents 8 and 10 for their residence. The landlords claimed that Col. Vijay Prakash, and Dr. Satya Prakash, who were residing at Chandigarh wanted to shift to Dehradun from the rented house taken at Chandigarh and wanted to lead retired life at Dehradun.
(3.) The application was contested by the petitioner as well as J.C. Tripathi, respondent 12. The Prescribed Authority rejected the application against which the respondents 1 to 10 preferred an appeal use Section 22 of U.P. Act No. 13 of 1972. The appeal was partly allowed by the impugned order dated 8.7.1977.. The release application made as against the petitioner was allowed and the portion in possession of the petitioner was released in favour of the landlords for the residence of Lt. Col. Vijay Prakash and Dr. Satya Prakash. The release application made as against J.C. Tripathi, respondent No. 12 was rejected. Aggrieved by the Judgment and order of the learned District Judge, T.H. Zaidi, the petitioner has preferred the writ petition.;