GYAN CHANDRA Vs. ADDL DISTRICT JUDGE BADAUN AND

JUDGEMENT

(1.) R. H. Zaidi, J. Instant petition arises out of the proceedings under Sec. 21 (1) (a) of U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972, for short 'the Act' and is directed against the order passed by the appellate authority allowing the appeal filed by respondent No. 2 in exer cise of power under Sec. 22 of the Act.

(2.) RELEASE application was filed by the petitioner Gyan Chandra, who has died during the pendency of the present petition and after whose death his heirs and legal representatives were substituted in his place as the petitioners.

(3.) LEARNED counsel for the petitioner submitted that the appellate authority has acted illegally in reversing the order passed by the Prescribed Authority without revers ing the findings recorded by the said Authority. It has also been urged that the appellate authority has, without critically examining the reasons recorded by the Prescribed Authority and without taking into consideration the facts, which were taken into consideration by the Prescribed Authority, substituted its own findings on the question of need and hardship. In sub stance it has been urged that reasons have not been recorded by the appellate authority to up set the findings recorded by the Prescribed Authority and arbitrarily and abruptly it has been held that the findings recorded by the Prescribed Authority could not be sustained.