Yogendra Kumar Srivastava - (1.) Heard Sri Kshitij Shailendra, learned counsel for the petitioners and Sri Lalit Kumar, learned counsel for the respondents.
(2.) The present petition seeks to challenge the order dated 15.9.2010 passed by the District Judge, Moradabad in Rent Control Appeal No. 27 of 2006 (Doongermal Singodiya Vs. Anoop Kumar and others) whereby the order dated 16.10.2006 passed by the Prescribed Authority/Civil Judge (Senior Division) Chandausi, Moradabad in P.A. Case No. 2/02 (Rameshwar Prasad Agarwal Vs. Doongermal Singodiya) under Section 21 (1) (a) of U.P. Act No. 13 of 1972 (The Act, 1972) by which the release application of the petitioner-landlord had been allowed and the respondent-tenant was ordered to vacate the disputed shop, has been set aside.
(3.) The principal ground on the basis of which the appeal has been allowed and the order passed by the Prescribed Authority was set aside is that the mandatory notice of six months in terms of first proviso to Section 21 (1) (a) was not given and therefore the release application was premature and the order passed by the Prescribed Authority in favour of the petitioner-landlord was unsustainable.;