MOHMOOD HUSAIN SIDDIQUI Vs. MANJOOR AHMAD KHAN

JUDGEMENT

(1.) HEARD Counsel for the parties and perused the record.

(2.) THE Prescribed Authority allowed the release application vide order dated 4.8.2005 holding that the bona fide need and comparative hardship of the landlord was more in comparison to the tenant, hence his application under sections 21(1)(a) and (b) of U.P. Act No. 13 of 1972 is liable to be accepted. The tenant was accordingly ordered to handover vacant possession of the house in dispute No. 78/1 situated at Najai Bazar, Lalitpur to the landlord within 30 days from the date of the order, otherwise the landlord would be entitled to take possession of the house in dispute at the cost of the tenant.

(3.) IT is submitted by the Counsel for the petitioner that the release application of the landlord ought not to have been considered as the need of the landlord was not bona fide whereas the bona fide need and comparative hardship of the petitioner -tenant was greater.