LAWS(ALL)-2008-12-239

MAQSOOD AHMAD Vs. IZHAR AHMAD

Decided On December 05, 2008
MAQSOOD AHMAD Appellant
V/S
IZHAR AHMAD Respondents

JUDGEMENT

(1.) SHISHIR Kumar, J. Heard Sri P. K. Jain, learned senior Advocate assisted by Sri A. Agarwal for the petitioner, and Sri Arun Kumar Shukla, learned counsel for the respondents landlord.

(2.) THIS writ petition has been filed against the orders passed by Prescribed Authority as well as by Appellate Authority allowing release application filed by respondents-landlord and appeal filed by tenant-petitioner has been rejected.

(3.) SRI P. K. Jain, learned counsel for petitioner submits that during pendency of present application before Prescribed Authority, landlords have purchased House No. 95/35a/11 (old) situated at Hata Peer Bux, Penchbag Kahpur Nagar. This fact was brought to notice of Appellate Authority but Appellate Authority has not considered the same and dismissed appeal filed by petitioner. Further submission has been made that in case respondents-landlords can adjust their family in the said accommodation, which they have purchased then petitioner who is residing in the said accommodation from about 25 years, having no accommodation and will suffer more irreparable loss. Further submission has been made that ingredients regarding comparative hardship has not been complied by Appellate Authority.