MUNNI LAL Vs. VIMLA DEVI

JUDGEMENT

(1.) THIS writ petition filed by the petitioner who is the tenant of a portion on the ground floor and two rooms, latrine and bathroom and two rooms on the first floor of the shop in dispute, under Article 226 of the Constitution of India challenges the order passed by prescribed authority dated 15 -1 -2002 and the order of the appellate authority dated 9 -11 -2004 under the provisions of U.P. Act No. 13 of 1972 (in short “the Act').

(2.) THE facts leading to filing of the present writ petition are as under: That the respondent -landlady filed an application under Section 21 (1) (a) of the Act for the release of the accommodation in question for her bona fide need. The aforesaid application was contested by the petitioner on the ground that the landlady does not have any requirement and further that the tilt of the comparative hardship is also in favour of the tenant. The prescribed authority after exchange of the pleadings and evidence on record by the parties allowed, the release application filed by the landlady by its order dated 15 -1 -2002 and directed for release of the accommodation in dispute in favour of the landlady. Aggrieved thereby the petitioner preferred an appeal under Section 22 of the Act. The appellate authority after considering the material available on record dismissed the appeal filed by the petitioner affirming the findings recorded by the prescribed authority on the question of bona fide need of the landlady and also on the question of tilt of comparative hardship. Thus, this writ petition.

(3.) IN this view of the matter, the findings of the prescribed authority as well as the appellate authority do not warrant interference by this Court.