(1.) Heard Sri M.K. Gupta, learned counsel for petitioner and Sri Rishi Chadha, learned counsel for respondents. This writ petition is directed against the order dated 24.9.2011 passed by Small Causes Court/Prescribed Authority, Aligarh in U.P.U.B. Case No. 1 of 2007 accepting Release Application of Smt. Nasim Aijaz, widow of Late Prof. Aijazuddin Ahmad (the respondent-landlady) filed under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") directing petitioner-tenant to handover vacant possession of house in question to respondent-landlady within one month; and the judgment and order dated 19.3.2012 passed by Addl. District Judge, Court No. 3, Aligarh dismissing petitioner's appeal, i.e., U.P.U.B. Appeal No. 12 of 2011 and confirming trial court's Judgment and order dated 24.9.2011.
(2.) It is contended that respondent-landlady own a House No. 1-760, Palam Vihar, Gurgaon and had no intention to shift and stay at Aligarh in the accommodation in question. Release Application was filed with an intention to sell the house and the Courts below have committed patent error by misconstruing the relevance, impact and consequences of aforesaid facts. It is also contended that comparative hardship lie in favour of petitioner, who has a big family consisting of eight persons including sons and daughters, while the respondent-landlady is getting family pension residing in her own house and, therefore, the judgments and orders impugned in this writ petition are liable to be set aside.
(3.) Before considering the above submissions, certain facts in brief, as borne out from record, would help the Court not only to understand the dispute but also for adjudication of this writ petition and in considering whether there is a manifest error of law causing great injustice to petitioner, by Courts below, in passing the impugned judgments warranting interference in writ petition filed under Article 226 /227 of Constitution of India. This Court need not to remind itself that scope of judicial review in such matters is extremely limited. It is not to correct the errors in the orders of the court below but to remove manifest and patent errors of law and jurisdiction without acting as an appellate authority.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN