NAVEEN KUMAR Vs. A.D.J

JUDGEMENT

(1.) HEARD Sri Siddharth, learned Counsel for the petitioner and Sri Nitin Sharma, learned Counsel appearing for respondents No. 3 to 7. This writ petition has been filed for quashing judgment and order dated 12.9.2006 in Misc. Appeal No. 341 of 1998 passed by Additional District Judge, Fast Track Court No. 3, Meerut and judgment and order dated 12.8.1998 in P.A. Case No. 59 of 1995 passed by Prescribed Authority/Addl. Judge Small Causes Court, Meerut.

(2.) BRIEF facts of case are that petitioner -landlord filed an application under section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") before Prescribed Authority for release of ground floor of house No. 249 situate at Teli Mohalla Kabari Bazar, Meerut Cantt. under the tenancy of respondents -tenants alleging that they had been given accommodation in dispute on rent for residential purposes and it was being used by them as a godown; that house No. 247 in which landlord is living with his family has been insufficient due to increase in family; and that respondents -tenants have purchased their own house No. 415/416 in the same locality, where house in dispute is situated, hence it may be released in favour of landlord on grounds of bona fide need and comparative hardship.

(3.) THE Prescribed Authority, vide order dated 12.8.1988, dismissed release application of petitioner -landlord holding that need of landlord -petitioner is not bona fide and property in the name of the wife of the tenant i.e. house No. 415/416 is excluded from consideration of exception under section 21(1)(a) of Act 1972.