SWARAJ KUMAR Vs. ARVIND KUMAR

JUDGEMENT

(1.) This writ petition filed by the petitioner-tenant under Article 226 of the Constitution of India arises out of proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972 (in short 'the Act').

(2.) The brief facts leading to filing of the writ petition are as under :

(3.) The prescribed authority before whom the parties adduced the evidence, after exchange of the pleadings, has considered the respective case of the parties and arrived at the conclusion that the need of the landlord is not bona fide and therefore the application by the landlord under Section 21(1)(a) of the Act was dismissed by the prescribed authority. Aggrieved thereby the landlord preferred an appeal before the appellate authority as contemplated under Section 22 of the Act. The appellate authority reversed the findings recorded by the prescribed authority and found that the need of the landlord is bona fide and that the tilt of comparative hardship is also in favour of the landlord. The appellate authority therefore, allowed the appeal and set aside the order of the proscribed authority and directed for release of the accommodation in dispute in favour of the landlord. Aggrieved thereby the petitioner preferred this writ petition.