SMT. MAYA SRIVASTAVA Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) THIS is landlord's petition challenging the order of the District Judge passed in appeal under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act, 1972, (hereinafter called the Act). The Petitioner made an application under Section 21 of the Act for ejectment of the tenant from a shop in the building. The application was allowed by the Prescribed Authority. The tenant went up in appeal. The appeal was allowed and the application was rejected.

(2.) THE Petitioner had applied for the accommodation on the ground that it was needed for being occupied by her father -in -law. An objection was raised before the appellate court to the effect that an application could not be moved for ejectment of a tenant under Section 21 of the Act on the ground that it was needed for the occupation of the father -in -law of a landlord. The point was overruled by the appellate court, but the appeal was allowed on the ground that the need of the landlord was on merits not proved to be genuine.

(3.) THE relevant portion of Section 21 of the Act runs as under: