SUBHA RAO Vs. VII ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) BEING aggrieved by the decision of the appellate authority, affirming the order passed by the Prescribed Authority, where under the accomodation in dispute had been released in favour of the landlord respondent in the proceedings initiated by biro in the year 1978 under section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act') the petitioner tenant has cow approached this court by means of the present writ petition for redress seeking the quashing of the aforesaid orders.

(2.) THE accommodation in dispute which is being utilised by the petitioner tenant for business purposes was sought to be released for satisfying the need of the landlord's son to establish him independently in the lawyer's profession for which according to the landlord he bonafide needed the space for chamber end library. THE release application was contested by the petitioner tenant on various grounds denying the allegations made in the release application and asserting thai the need set up by the landlord was not a bonafide one as the landlord had at his disposal sufficient accommodation which could very well be utilised for satisfying the alleged requirement It was also asserted that the tenant petitioner who had been running his business in the accommodation in dispute for a period of 25 years will be put to a greater hardship in the case of the grant of release as compared to the hardships likely to be suffered by the landlord in the event of the rejection of the said application.

(3.) I have heard Sri T. P. Singh, learned Counsel for the petitioner Shri Shashi Nandan, learned Counsel, representing the landlord respondent and have carefully perused record.