GIRRAJ KISHORE Vs. KISHEN CHAND

JUDGEMENT

(1.) Heard Sri A.K. Gupta, learned counsel for the petitioner. Sri P.K. Jain, Senior Advocate, assisted by Sri Rishi Kant Singh, learned counsel has appeared for the respondent.

(2.) The petitioner has filed this writ petition challenging the judgments and orders of the courts below allowing the release application of the respondent under Sec. 21(1)(a) of the U.P. Act No.13 of 1972 (hereinafter referred to as the Act) whereby the shop in dispute has been ordered to be released in favour of the respondent after holding his need to be bona fide and that he would suffer comparatively more hardship than the petitioner.

(3.) The submission of Sri A.K. Gupta, learned counsel for the petitioner is that there are two shops. One bigger and the other smaller which is in dispute. The respondent had applied for the release of both the shops. The release application in respect of both of them have been allowed but the appellate court while allowing the release application in respect of the bigger shop has issued direction that the respondent will provide the tenant of the said shop with an alternative accommodation elsewhere on the prevailing market rent whereas no such direction while releasing the smaller shop in dispute has been given though both the judgments are identical and similarly worded.