ZAKIR HUSSAIN Vs. RISHABH KUMAR

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. Brief facts of the case are that respondent landlord filed an application under section 21 of U.P. Act No. 13 of 1972 for release of the shop in dispute situate in Mohalla Raiganj, Gorakhpur on the ground of his personal need. It was registered by the Prescribed Authority as P.A. Case No. 29 of 2007, Rishabh Kumar v. Zakir Hussain.

(2.) After service of summons, the petitioner appeared before the Court below but no counter was filed by him to the aforesaid release application. The tenant did not appear thereafter in the Court below on the dates fixed, hence the Court proceeded ex parte in the matter vide order dated 17.1.2008.

(3.) After hearing the respondent landlord and after perusal of record, the Prescribed Authority vide order dated 1.5.2008 allowed the release application ex parte directing the petitioner tenant to vacate and handover peaceful possession of the shop in dispute to the landlord within a period of one month.