JAGAT NARAIN NIGAM Vs. SURAJ PRASAD SRIVASTAVA

JUDGEMENT

(1.) This writ petition has been filed challenging the validity and correctness of orders dated 3-3-2005 and 2- 8-2005 passed by Additional District Judge, Court No. 5 and the Prescribed Authority respectively.

(2.) THE brief facts of the case are that the landlord-respondent filed release application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Eviction and Rent) Act, 1972 praying for release of the tenanted accommodation of house No. 106/30, Gandhi Nagar, Kanpur. THE petitioner is tenant of the aforesaid house on monthly rent of Rs. 150/ -. THE tenancy of the petitioner was terminated vide notice but he did not vacate the accommodation. According to the landlord, the accommodation in his possession consisted of three rooms, two store rooms, Barandah-cum-kitchen, latrine, bath-room and a box room, which was insufficient for his large family whereas the petitioner- tenant has four rooms, latrine, bath-room, store, angan and one tin shed which has been placed without the permission of the landlord.

(3.) THE Prescribed Authority granted the release application vide order dated 2-8-2004 holding that the need of the landlord was genuine and comparative hardship of the landlord was greater than the tenant.