NARAIN GUPTA Vs. RADHEY SHYAM GUPTA

JUDGEMENT

(1.) S. U. Khan, J. On the suggestion of the Court, which has made on the last date, learned Counsel for both the parties have agreed to settle the dis pute amicably.

(2.) THIS is landlord's writ petition arising out of eviction/release proceed ings initiated by him against tenant-respondent No. 1 on the ground of bona fide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Misc. Case No. 31/70 of 1984. Prescribed Authority/munsif, Fatehpur allowed the release application through judg ment and order dated 15. 4. 1988. Against the said order, tenant-respondent filed Rent Appeal No. 1 of 1988. IVth A. D. J. allowed the appeal, set aside the judg ment and order passed by the prescribed authority and rejected the release ap plication of the landlord-petitioner through judgment and order dated 22. 4. 1991, hence this writ petition.

(3.) THERE was some dispute between the parties regarding approach to the first floor. However, learned Counsel for the landlord-petitioner has categorically stated that approach to the first floor is quite separate from the ground floor tenanted accommodation. Accordingly, by way of abundant precaution, it is directed that for going to and coming from the first floor portion, landlord shall not pass through the ground floor accommodation, which has been left in the tenancy occupation of the tenant-respondent.