PARSI LAL SHAH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioners have sought writ in the nature of certiorari, quashing the order dated 11.11.1983 (copy annexure -1 to the writ petition), passed by Prescribed Authority, and order dated 19.04.1988 (copy annexure -2 to the writ petition), passed by respondent No. 1, affirming the order passed by Prescribed Authority.

(2.) HEARD learned counsel for the parties and perused the affidavits, counter affidavit and rejoinder affidavit.

(3.) BRIEF facts of the case are that petitioner, a landlord of house No. 173, Bara Bazar, Malli Tal, Nainital, moved an application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred as U.P. Act No. 13 of 1972). Respondent No. 3 is a tenant in the first floor of said house. The landlord lives in a tenanted accommodation with his family in house No. 175 Bara Bazar, Malli Tal, Nainital. Pleading that the petitioiners family is large and it is difficult to accommodate a large family in a tenanted accommodation, an application for release of accommodation in occupation of respondent No. 3 was sought to be released by the petitioner, claiming his need to be bonafide. It is also alleged by the petitioner that comparative hardship of the petitioner is more than that of the tenant, who can shift to some other accommodation.