Sudhir Narain, J. - (1.) This writ petition (s directed against the order dated 14.10.1998 passed by respondent No. 1, allowing the appeal and releasing the disputed shop in favour of the landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the 'Act').
(2.) Briefly stated, the facts are that respondent No. 3 filed an application in the year, 1983 for release of the shop in question against the petitioner on the allegation that the petitioner is a tenant of the shop in question on monthly rent of Rs. 125 per month. His family consists of himself, his wife, four sons and two daughters. He wants to start the business of general merchandise in the shop In question. He is running 'Prasad Cinema' and 'Jai Kaushilya Cinema' in partnership but both the Cinemas are running at loss and the Income derived from them is hardly sufficient to meet out the necessities of his family. He had to sell his two properties at Tundla. one worth Rs. 45,000 and the other worth Rs. 15,000. The tenant is a well-known Shoe Company and can shift its business to any other accommodation. The application was contested by the tenant-petitioner. It was denied that the Income of the petitioner was insufficient and he requires the shop in question for carrying on business. The prescribed authority rejected the application on 16.11.1990. Respondent No. 3 preferred an appeal. The appeal has been allowed vide impugned order dated 15.10.1998.
(3.) Learned counsel for the petitioner urged that the prescribed authority, Agra had no jurisdiction to decide the application filed by the petitioner and the District Judge, Agra to entertain and decide the appeal filed by respondent No. 3. The application under Section 21 (1) (a) of the Act was filed before the prescribed authority. Agra on 19.5.1983. During the pendency of the proceedings, district Ftrozabad was created on February 5, 1985 vide Government Notification No. 5-4 (4)/81-64 (Ga) Ra-5, dated 4.2.1989. The town of Tundla which formed part of district Agra was included in district Firozabad. Subsequently, a new Judgeship in Firozabad was created vide Government Order No. U.O. No. 110/VII-A-Nya-Nl-204/9, dated October 21. 1989. The place of sitting of District Judge and Civil Judge at Firozabad was defined in the Government Notification dated November 30. 1989. After the creation of a new Judgeship at Firozabad and four other places, the representations were made by various persons and Bar Association for transfer of the cases already Instituted at Agra Judgeship to Firozabad Judgeship which were covered under the local jurisdiction of Firozabad Judgeship. The matter was taken up by the Administrative Committee of this High Court and in tts meeting held on May 23. 1990, the following decision was taken : "Following the practice of this Court in such matter, it is resolved that the cases pending in the Courts at Saharanpur, Muzaffarnagar. Mtrzapur, Bljnor, Azamgarh, Agra, Mainpuri. arising from the territories, which are now comprised In the new districts, shall not be transferred to the newly created districts, but shall remain with the parent Judgeships." In view of the said decision, the cases which were already instituted and pending in the Courts at Agra Judgeship were not transferred to Firozabad Judgeship even though such cases were within the local Jurisdiction of Firozabad Judgeship.;