JAGDISH Vs. MIRA JAISWAL

JUDGEMENT

(1.) The respondents filed an application under Sec. 21 (1)(a) of the U.P. Act No. 13 of 1972 for the eviction of the petitioners from the premises no. 64/86 Gadaria Mohal, District Kanpur Nagar, on 22.10.2012, after giving a notice on 21.9.2011. The ground taken in the application, under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972, was that there was a bona fide need of the respondents in-as much as respondent nos. 1 and 2 had two sons and a daughter and they required additional accommodation for them as also for the various relatives/guests who visited them often. The petitioners-tenants filed their written statement/reply to the petition and made an effort to show that the bona fide need, as was projected by the landlord/respondents, was not genuine and that if they vacated the premises in question then the hardship which would be suffered by them would be much greater than that which would be suffered by the landlord.

(2.) The Prescribed Authority on 5.1.2015 specifically found that the bona fide need of applicant/respondent/landlord was genuine. The finding vis-a-vis their comparative hardships was also given in favour of the respondent-landlord.

(3.) The tenants-petitioners went up in appeal and the Appellate Court confirmed the findings of the Prescribed Authority and dismissed the appeal on 27.2.2017.