LAWS(ALL)-2011-1-66

THAKUR PRASAD MADHESIYA Vs. STATE OF U P

Decided On January 05, 2011
THAKUR PRASAD MADHESIYA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 19.11.2010 passed by the learned Additional District Judge, Deoria upholding the order dated 8.4.2010 passed by the Prescribed Authority, Deoria, District Deoria whereby the application filed by the landlord under Section 21 (1)(a) of the UP Act No. 13 of 1972 (in short "the Act") has been allowed.

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

(3.) An application for release of the disputed shop was filed by the landlord under Section 21 of the Act for settling his son in the business. The application was allowed. Aggrieved and dissatisfied with the said order, the Petitioner filed an appeal which was dismissed by the appellate authority by order dated 19.11.2010 holding the need of the landlord to be genuine and bonafide and also held that the comparative hardship tilts in favour of the landlord.