RAFI ULLAH Vs. OM HARI

JUDGEMENT

(1.) RAKESH Tiwari, J. By means of the instant writ petition, the petitioner has challenged the validity and correctness of the impugned judgment and order dated 5-10-2001 passed by the Special Judge/additional District Judge, Kannauj passed in Rent Control Appeal No. 1/43 of 2002 as well as judgment and decree dated 18-10- 2002 passed by Prescribed Authority in P. A. Suit No. 1/98 filed by the respondent-landlord in a proceeding under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act' ).

(2.) THE factual matrix giving rise to the present writ petition are that landlord-respondent filed a release application under Section 21 (1) (a) of the Act registered as P. A. Case No. 1 of 1998. THE ground taken in the release application was bona fide and genuine need of the disputed shop of the landlord admeasuring 10 ft. X 21 ft. , which was let out to the petitioner's father on rent for tailoring purposes.

(3.) APART from his own affidavit in support of his case, the landlord filed affidavits of Sri Govind Murari Chaturvedi, Advocate and Dr. Subhash Chandra. The tenant also filed his own affidavit and the affidavits of Sri Kallu son of Sri Chhadawan and Sri Sarfaraj son of Sri Rajjak Khan in support of his case.