BHARAT BHUSHAN Vs. VITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the tenant for quashing the judgment and order dated 5.4.1984 and 8.11.1979 passed by the respondent Nos. 1 and 2 respectively, whereby the application of the landlord respondent No. 3 under Section 3 of the U.P. Act No. III of 1947 was allowed by the Prescribed Authority and the appeal filed against the same was dismissed.

(2.) The dispute relates to house No. 239 (new 339), situated in Mohalla Ishwarpuri, Meerut City, Meerut, Murrari Lal the landlord, respondent No. 3 set up need of the premises in dispute for his own use and for the use of his family members on the ground that the existing accommodation is not adequate and further on the ground that he was living in a rented accommodation and wanted to live in his house. Initially, the application was rejected by the Prescribed Authority. Later on Murari Lal filed another application under Section 21 (1) (a) of the U.P. Act 13 of 1972, and the Prescribed Authority by order dated 8.10.1979 allowed the release application and directed for eviction of the petitioner holding that the need set up by the landlord was genuine and bona fide and further that the petitioner would not suffer any hardship as he had purchased a plot and he could make constructions on the same. Aggrieved by the same the petitioner filed an appeal, which was dismissed vide order dated 5.41984. Aggrieved by the same the petitioner has filed present writ petition, in which he is enjoying an interim order since 24.4.1984.

(3.) I have heard Sri R.K. Mishra, Advocate, holding brief of Sri Neeraj Agarwal, learned Counsel for the petitioner. On behalf of Sri Pankaj Mittal, appearing for the respondent No. 3, statement has been made that he has no instructions in the matter.