RAMJEE Vs. SPECIAL JUDGE GORAKHPUR

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion filed under Article 226 of the Con stitution of India petitioner challenges the validity of the order dated 31-7-2000 whereby the application for amendment of the pleading was dismissed by the trial Court

(2.) IT appears that the contesting Respondents No. 3 and 4 filed an applica tion under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent an Eviction) Act, 1972 (U. P. Act No. XIII of 1972), for short the Act, for released of the building in question and for their personal use and occupation. The application was objected to and opposed by the petitioner pleading that the need of the said respondents was neither genuine nor bonafide. IT was also stated that in case the application is rejected, the said respon dents shall not suffer any hardship. On the other hand, the petitioner shall suffer greater hardship in the event the applica tion is allowed. The parties is support of their cases produced evidence, oral and documentary. The Prescribed Authority after going through the material on record allowed the application by judgment and order dated -16-10-1990. Challenging the said order, the petitioner filed an appeal before the Appellate Authority.

(3.) I have considered the submissions made by learned Counsel for the petitioner.