LAWS(ALL)-2012-12-249

CHANDRA PAL GUPTA Vs. MATHURA DUTT PANT

Decided On December 05, 2012
Chandra Pal Gupta Appellant
V/S
Mathura Dutt Pant Respondents

JUDGEMENT

(1.) Heard Sri J.P. Gupta, learned counsel for petitioner and perused the record.

(2.) Writ petition is directed against the judgment dated 5.2.2002 passed by Addl. District Judge, Court No. 17, Kanpur Nagar allowing tenant's Appeal No. 98 of 1993 and setting aside Prescribed Authority's order dated 25.5.1993 passed in proceedings initiated by petitioner-landlord, and, dismissing his Release Application registered as Case No. 4 of 1991.

(3.) Appellate Court has found that number of petitioner's family members is 18, but, as a matter of fact there were only 9 members in the family and 8 rooms, besides other attending accommodation, were available to him. In these circumstances, Appellate Court found that neither petitioner's need was genuine or bona fide nor hardship lies in his favour.