ASHFAQ AHMAD Vs. ABDUL SATTAR AND OTHERS

JUDGEMENT

(1.) This petition is directed against the orders passed by the courts below, whereby landlord's application under Sec. 21(1)(a) of U.P. Act No. 13 of 1972 has been allowed.

(2.) Sri Jafar Nayyer, learned Senior Advocate, appearing on behalf of the tenant-petitioner submits that interse between parties, there had been a compromise in a previous suit, according to which the landlord was prevented from seeking tenant's eviction from premises so long as petitioner remains alive.

(3.) The second limb of challenge to the orders impugned is that the aspect of comparative hardship has not been properly considered by both the courts below, inasmuch as the landlord was in possession of accommodation, far in excess of his need, whereas the tenant had no accommodation available to him, but this aspect of the matter has been completely omitted from consideration by the courts below.