GHANSHYAM Vs. IVTH ADDL DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion filed under Article 226 of the Con stitution of India, petitioner prays for is suance of a writ, order or direction in the nature of certiorari quashing the order dated 23-10-1986 whereby application filed by the petitioner under Section 21 (l) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (U. P. Act No. 13 of 1972) in short 'the Act' was dismissed and the order dated 17-8-1987 by which appeal filed by the petitioner against the judgment and order passed by the Prescribed Authority was dismissed.

(2.) IT appears that the petitioner filed an application for release of the shop in question under Section 21 (l) (a) of the Act on the ground of his personal need Le. to settle one of his sons "to run the betel, Cigarette and Bidi shop. IT was pleaded that in case the application is rejected the petitioner/landlord shall suffer greater hardship. The application filed by the petitioner was objected to and opposed by the contesting Respondent Nos. 3 to 7, the facts stated in the release application were denied. IT was also pleaded that the need of the petitioner for the shop in dispute was neither genuine nor bona fide- and that in case the release application is allowed the contesting respondents shall suffer great hardship.