HARISH CHANDRA AGRAWAL Vs. IIIRD A D J

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The petitioner-tenant aggrieved by the order dated 11th February, 1986, passed by IIIrd Additional District Judge, Agra, copy whereof is annexed as Annexure-'IV to the writ petition, approached this Court by means of present writ petition under Article 226 of the Constitution of India, whereby the appeal filed by the respondent-landlord under Section 22 of the U.P. Act No. 13 of 1972 was allowed by the appellate court.

(3.) In short, the facts of the present case are that the contesting respondent-landlord filed an application under Section 21 (1) (a) of the Act, (hereinafter referred to as the Act'), for release of the accommodation in question, namely, two shops numbered as 1/VII/6 and 1/V/12 on the ground of bona fide requirement of the landlord. The prescribed authority on the basis of the pleadings of the parties and evidence adduced before it arrived at the conclusion that the need of the landlord cannot be said to be bona fide and thus the tilts of the comparative hardship does not arise in favour of the landlord, therefore, the application of the landlord was rejected by the prescribed authority vide his order dated 25th September, 1980 copy whereof is annexed as Annexure-III to the writ petition.