NARENDRA KUMAR AND ANR. Vs. PREM NARAIN PARIHAR

JUDGEMENT

(1.) After restoration of the writ petition, I have heard learned counsel for the petitioner and perused the record.

(2.) This is a tenant's petition. Application filed by the respondent-landlord under Sec. 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was allowed by the prescribed authority with the finding that he required the property bona fidely inasmuch as he had only two rooms in his occupation in the premises where he was residing and the family was consisting of 8 members and the first floor was incomplete and not fit for occupation. The said findings were based on the report submitted by the Amin after making spot inspection, against which no objection was filed by the petitioner. A further finding has been recorded by the Prescribed authority with respect to the comparative hardship in favour of the landlord respondent. The appellate court has also affirmed the findings recorded by the prescribed authority.

(3.) A perusal of the judgments goes to show that findings recorded by the prescribed authority are based on appraisal of the evidence brought on record by the parties and the same have been affirmed by the appellate court.