QAISER Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 7.12.2010 passed by the Additional District Judge, Court No. 13, Moradabad in Appeal No. 22 of 2008, upholding the order dated 19.5.2008 passed by the Prescribed Authority, Moradabad in P. A. Case No. 13 of 2007 whereby the release application of the landlords have been allowed.

(2.) The brief facts of the case are as follows;

(3.) Learned Counsel for the Petitioner has submitted that the shop in dispute was the only source of livelihood of the Petitioner who has a large family consisting of self, wife, four unmarried daughters and one son. It is further submitted that the application under Section 21(l)(a) was not filed by the landlords with clean hands as they deliberately omitted to mention the fact that the landlords also own five shops apart from possessing two rented shops. It was only when this fact was pin pointed by the Petitioner in its written statement, the said fact was disclosed in the rejoinder affidavit. He further submitted that the need of the landlords is neither genuine nor bona fide and the comparative hardship tilts in favour of the Petitioner. He further submitted that in year 2004 one shop was released in favour of the landlords but after the release it was rented out to a third person on higher rent.