LAWS(ALL)-2020-8-20

PRAKASH CHANDRA Vs. RITESH BHARGAWA

Decided On August 20, 2020
PRAKASH CHANDRA Appellant
V/S
Ritesh Bhargawa Respondents

JUDGEMENT

(1.) Heard Sri Pramod Kumar Srivastava and Sri Deepak Singh, learned counsel for the petitioner and Sri K.M. Garg, learned counsel for the respondent.

(2.) By way of present writ petition, the petitioner is challeging the order dated 24.09.2019 passed by XII Additional District Judge, Kanpur Nagar in Rent Appeal No. 26 of 2017-Prakash Chandra Vs. Ritesh Bhargawa and judgment and order dated 06.04.2017 passed by prescribed Authority/Judge Small Causes Court, Kanpur in Rent Case No. 18 of 2014 (Ritesh Bhargawa Vs. Prakash Chandra), under Section 21(a) of Uttar Pradesh (Urban Buildings (Regulation of Letting, Rent and Eviction Act), 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as the Act, 1972).

(3.) The brief facts of the case are that the landlord-respondent has filed release application under Section 21(a) of the Act, 1972 on the ground of bonafide need for vacation of shop No. 50/05 Naughara, Kanpur Nagar, which was registered as Rent Case No. 19/14 in the court of Prescribed Authority. After issuance of notice, pleadings have been exchanged by fililng written statement, affidavit and rejoinder affidavit. The Prescribed Authority has framed three issues, which are as follows:-