LAWS(ALL)-1992-12-34

RAM SAJIWAN Vs. II ADDITIONAL DISTRICT JUDGE FATEHPUR

Decided On December 04, 1992
RAM SAJIWAN Appellant
V/S
II ADDITIONAL DISTRICT JUDGE, FATEHPUR Respondents

JUDGEMENT

(1.) HEARD Shri Shashi Nandan, learned counsel for the petitioner and Sri B. K. Narayan, learned counsel appearing for the contesting respondents.

(2.) THIS petition, under Article 226! of the Constitution of India, is directed against the two orders dated 9th April, 1985 and 11th September, 1915 passed by the Prescribed Authority, Fatehpur and the II Additional District Judge, Fatehpur, respectively under the provisions of U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, here-in-after sailed the Act.

(3.) SRI Shashi Nandan, learned counsel for the petitioner, has very fairly conceded that there is some evidence on record to sustain the findings recorded by the prescribed authority and the Additional District Judge on the questions of bonafide need and comparative 'hardship and it is not a case of no evidence. He, however, contends that certain material escaped consideration and on consideration thereof the result may have been otherwise. It is not necessary to examine this submission of SRI Shashi Nandan Inasmuch as consideration of the submission would necessarily involve reappraisal and reappreciation of the evidence which this Court is loath to do in exercise of its extra ordinary Jurisdiction under Article 226 of the Constitution of India.