POORAN CHAND JAIN Vs. IXTH A D J

JUDGEMENT

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

(2.) The petitioner-tenant aggrieved by the order dated 6th March, 1987, passed by the prescribed authority, copy whereof is annexed as Annexure-12 to the writ petition, whereby the prescribed authority has allowed the application for release of the accommodation in question under Section 21(1) (a) of the U.P. Act No. 13 of 1972, hereinafter referred to as the 'Act', approached the appellate authority by means of an appeal as contemplated under Section 22 of the Act. The appellate authority vide its order dated 10th February, 1993 dismissed the appeal preferred by the petitioner-tenant, copy whereof is annexed as Annexure-14 to the writ petition. Aggrieved by the aforesaid two orders, passed by the prescribed authority as well as by the appellate authority, the petitioner approached this Court by means of present writ petition under Article 226 of the Constitution of India.

(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 for release of the accommodation in question on the ground that the accommodation in question is bona fide required by 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 is not bona fide and the question of the comparison of hardship does not arise, therefore the application of the landlord was rejected by the prescribed authority vide his order dated 24th November, 1980, copy whereof is annexed as Annexure-8 to the writ petition.