BHUWAN BHASKAR Vs. ADDL DISTRICT JUDGE AMBEDKAR NAGAR

JUDGEMENT

(1.) Heard Sri G.M. Kamil, learned Counsel for petitioner and Sri Vinod Kumar Yadav, learned Counsel for respondents. Controversy in the present case relates to shop situated in a house at Mohalla Hayatganj, Post office and Tehsil Tanda, District Ambedkarnagar, Dilip Kumar is landlord-owner and petitioner (Bhuwan Bhaskar) is tenant at the rate of Rs. 100/- per month. On 5.9.2008, landlord/respondent No. 2 moved an application for release of the premises in question under section 21(1)(a) of the U.P. Act No. XIII of 1972, accordingly a P.A. Case No. 2 of 1998 registered before Prescribed Authority/Civil Judge (J.D.), Tanda, Ambedkar Nagar, petitioner/tenant has filed written statement.

(2.) After exchange of pleadings between the parties, the Prescribed Authority by means of order dated 16.10.2006 dismissed the release application moved by landlord/respondent No. 2.

(3.) Aggrieved by said order, landlord/respondent No. 2 filed a Rent Appeal (registered as Civil Appeal No. 10 of 2006, Dilip Kumar v. Bhuwan Bhaskar, Appellate Authority after considering the material facts on record and also taking into consideration the family members of landlord/respondent No. 2, eight in number, held that his need is more genuine and bona fide to get shop released in his favour.