MOHAMMAD SHAMI KHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This is tenant's writ petition directed against the order dated 29th January, 1987 passed by District Judge, Annexure 4 of the writ petition whereby the appeal by the respondent-landlord against the order passed by the Prescribed Authority allowing an application filed under Section 24 (2) of the U.P. Act No. 13 of 1972.

(2.) The facts leading to filing of the present writ petition are that the petitioner-tenant filed an application under Section 24 (2) of U.P. Act No. 13 of 1972 as he was evicted on an application filed by the landlord-respondent under Section 21 (1) (b) of the Act. After the landlord demolished the dilapidated structure and constructed new house, the petitioner-tenant filed an application as contemplated under Section 24 (2) for allotment of a shop in the newly constructed house before the R.C. and E.O. who allowed the application and directed the landlord to allot the shop in favour of the petitioner-tenant. Aggrieved thereby the landlord preferred an appeal before the District Judge which has been allowed by the impugned order.

(3.) Learned Counsel for the petitioner submitted that the Appellate Authority has considered the comparative hardship of the landlord as against that of the petitioner-tenant in the matter of allotment under Section 24 (2) which according to his submission does not require to be considered as held by this Court in cases reported in 1980 ARC 274.