SARDAR DALIP SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THE matrix of the case is that respondent-landlord filed release application registered as P. A. Case No. 6 of 1999 under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'u. P. Act No. XIII of 1972') before the Prescribed Authority, Najababad on the ground of need for himself.

(3.) CONTENTION of Counsel for the petitioner is that the appellate Court has dismissed the appeal without following the procedure laid down in Section 22 read with Section 34 of U. P. Act No. XIII of 1972. In support of his contention, he placed reliance on the decisions in Smt. Balqis Jehan Begum v. Mohd. Khalil Khan & Ors. , 1987 (1) ARC 59; Surendra Kumar Sharma v. XIIIth Additional District Judge, Kanpur & Ors. , 1986 (1) ARC 204 and Hori Lal v. XIth Additional District Judge, Lucknow & Anr. , 1995 (1) ARC 483, wherein it has been held that judgment of appellate Court should be based on reasons and discussions on question of dispute. He submits that in the instant case, neither the appellate Court has recorded an finding on bona fide need nor considered the arguments raised by the petitioner as is apparent from paragraph 8 of the judgment of the appellate Court.