SATISH CHAND TYAGI Vs. RAJENDRA KUMAR SHARMA

JUDGEMENT

(1.) BY means of present writ petition under Article 226 of the Constitution of India, the petitioner -tenant challenges the order dated 27th March, 2003, passed by the prescribed authority and the order dated 21st January, 2006, passed by the appellate authority, whereby the appellate authority under the provision of U.P. Act No. 13 of 1972 dismissed the appeal filed by the petitioner -tenant against the order of the prescribed authority by which the prescribed authority has allowed the release application filed by the respondent -landlord, copies whereof are annexed as Annexure Nos. '4' and '9', respectively to the writ petition. Heard learned Counsel appearing on behalf of the parties.

(2.) THE brief facts of the present case are that the respondent -landlord filed an application under section 21(1)(a) of the Act for release of the accommodation in dispute, which is a shop, for the purposes of his bona fide need. The release application was filed by the landlord on the ground that the landlord has recently retired from services and further that his son, who is aged 20 years, has now completed his education and at the moment he is unemployed. The landlord, therefore, intends to start a new business of electric and motor spares parts in the shop in dispute. It is further asserted by the respondent -landlord that in fact the petitioner -tenant has another shop in front of the disputed shop in the name of his wife, which is in possession of the tenant and the tenant can easily shift his business from the shop in dispute to the shop owned by wife of the petitioner -tenant which is just opposite the shop in dispute.

(3.) AGGRIEVED by the order passed by the prescribed authority, the petitioner -tenant preferred an appeal before the appellate authority. The appellate authority by the order dated 21st January, 2006 dismissed the appeal filed by the petitioner -tenant and affirmed the findings arrived at by the prescribed authority with regard to the bona fide requirement and also with regard to the comparative hardship. Thus, this writ petition.