LAWS(ALL)-1996-8-161

SHAFAKAT Vs. XIVTH ADJ, MEERUT AND OTHERS

Decided On August 30, 1996
Shafakat Appellant
V/S
Xivth Adj, Meerut And Others Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record.

(2.) Present petition arises out of proceedings under Sec. 21 (1) (a) of U.P. Act No. XIII of 1972, for short the Act. The respondent No. 3 applied for release of the building in question, which was in occupation of the petitioner, for his personal use and occupation. The plea of hardship was also taken by the respondent No. 3.

(3.) The release application filed by the respondent No. 3 was opposed by the petitioner who has pleaded that the need of the respondent No. 3 for the building in question was neither genuine nor bonafide. He has also taken the plea of comparatively greater hardship to him in the event the application was allowed. The Prescribed Authority recorded findings on the questions of need and hardship in favour of the landlord and allowed the release application. The appeal filed by the petitioner against the order passed by the Prescribed Authority was also dismissed and the findings recorded by the Prescribed Authority on the questions of need and hardship were affirmed.