JAIRAM YADAV Vs. JAGDISH PRASAD MISHRA

JUDGEMENT

(1.) Heard Sri D.P. Tripathi, Advocate, holding brief of Sri K.K.Tripathi, learned counsel for the petitioner and Smt. Rama Goel, learned counsel for the respondent.

(2.) This writ petition is directed against the order dated 18.8.2012 passed by Additional District Judge, Court No.1, Kanpur Nagar allowing respondent-landlord's Rent Appeal No.14 of 2007 setting aside Prescribed Authority/Civil Judge, (Junior Division), Court No.3, Kanpur Nagar's judgment and order dated 24.3.2007 in Rent Case No.02 of 2003, allowing application of respondent-landlord in respect to the premises in question under Sec. 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") and releasing the said accommodation.

(3.) Learned counsel for the petitioner contended that the Trial Court had clearly recorded a finding that landlord failed to prove that premises for which he had filed application for release was the same which was occupied by the petitioner-tenant but this finding has been reversed illegally by the Appellate Court. He further contended that there are several other tenants but no effort has been made by the landlord to evict them from the premises in question, and only the petitioner has been singled out which shows that application of landlord lacked bona fide and this was noticed and appreciated by the Prescribed Authority but the Appellate Court had illegally ignored and omitted the said finding.