AKHLAQ AHMAD Vs. JAMEEL AHMAD AND 3 OTHERS

JUDGEMENT

(1.) Heard Sri Rafiuddin Ansari, learned counsel for the tenant-petitioner and Sri Pradeep Kumar, learned counsel along with Sri Uma Nath Pandey, learned counsel for the landlord-respondent no. 2 and perused the record.

(2.) Present petition has been filed challenging the judgement and order dated 29.7.2016 passed by the Prescribed Authority/Civil Judge (Sr. Div), Amroha in P.A.Case No. 6 of 2013 (Jameel Ahmad and another vs. Akhlaq Ahmad and others) and the judgement and order dated 14.7.2017 passed by the Additional District Judge/Fast Track Court No. IInd, District Amroha in Rent Appeal No. 2 of 2016 (Akhlaq Ahmad vs. Jameel Ahmad and others).

(3.) By the impugned order dated 29.7.2016, the release application filed by the landlord (respondents herein) was allowed, and the appeal filed by the tenant (petitioner herein) was dismissed by the lower appellate court. Three issues were framed by the trial Court. The first issue was as to whether there is a relationship of landlord-tenant between the parties or not. The same was decided in affirmative holding that landlord-tenant relationship exists between the parties. The second issue was regarding bona fide need of the landlord and it was held that the need of the landlord is bona fide. The third issue regarding comparative hardship was also decided in favour of the landlord. All these finding were affirmed by the lower appellate Court.