MAHESH CHANDRA Vs. PIYUSH KUMAR AGRAWAL

JUDGEMENT

(1.) The tenant has filed this petition for quashing the order dated 20th May, 2010 passed by the Prescribed Authority by which the application filed by the landlord under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the shop in dispute has been allowed. The petitioner has also sought the quashing of the judgment and order dated 28th September, 2011 by which the Appeal filed by the tenant under Section 22 of the Act for setting aside the aforesaid order of the Prescribed Authority has been dismissed.

(2.) The release application had been filed by the landlord with the averments that the shop was bona fide required by the landlord for running a Show-room of Readymade Garments. It was also stated that the landlord was likely to suffer greater hardship than the tenant.

(3.) A reply to the aforesaid application was filed by the tenant with the averment that the need set up by the landlord was not bona fide; that the alleged sale deed on the basis of which the landlord claimed ownership, does not confer any title in favour of the landlord for the reason that it was undervalued and a photostat copy had been filed.