- (1.) A. K. Yogi, J. Petitioner, Ayodhya Nath is said to be the tenant of a shop bearing. No. VI/105, Chowk Bazar. Respondent No. 2 is the landlord/owner of the said accommodation (for short called the shop in question ).
(2.) LANDLORD (Respondent No. 2) filed an application under Section 21 (l) (a), U. P. urban Buildings (Regulation of Let ting. Rent and Eviction) Act, 1972 (U. P. Act XIII of 1972) (for short called Act') copy of the release application has been filed as Annexure 1 to the petition. The petitioner contested the claim of the landlord by filing written statement (Annexure 2 to the petition ). Parties led evidence by filing affidavits in support of their respective cases. Thereafter the Delegated Authority/rent Control and Eviction Officer by means of the judgment dated 30-5-1996 (Annexure 9) rejected the release application. Feeling aggrieved landlord (Respondent No: 2) filed appeal under Section 22 of the Act and the same has been allowed by the District Judge, Al-mora respondent No. 1. vide judgment and order dated June 24,1999 (Annexure 13 ).
(3.) THE tenant has come up before this Court by filing this petition under Article 226, Constitution of India and seeks is suance of a writ of certiorari to quash the impugned judgment and order dated June 24, 1994. (Annexure 13) passed by Respondent No. 1. Heard learned Counsel for the petitioner as well as the learned Counsel appearing for the contesting respondent No. 2. While the matter was being heard, a supplementary affidavit sworn by Gulshan Kumar, son of the petitioner has been filed.;