AWADHESH KUMAR SINGH Vs. RAKESH MOHAN SRIVASTAVA

JUDGEMENT

(1.) -THIS petition has been filed by the tenant to assail the order passed by the Prescribed Authority by which the application filed by the landlord under section 21 (1) (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "act") for eviction of the tenant from the residential premises as the landlord bona fide required the same was allowed. The petitioner has also sought the quashing of the order by which the appeal filed under section 22 of the Act was dismissed.

(2.) THE records of the writ petition indicate that the Prescribed Authority while allowing the application under section 21 (1) (a) of the Act, recorded a categorical finding of fact that the landlord bona fide required the premises in dispute and he was likely to suffer greater hardship in the event, the application was rejected. It also found that the wife of the tenant had built a residential house in the same city.

(3.) THE tenant filed an appeal under section 22 of the Act. During the pendency of the appeal, the tenant filed an application for production of additional evidence since the house of the wife of the tenant available in the same city had been ordered to be demolished by the Municipal Authorities as it was not built according to the sanctioned plan. The additional evidence was accepted by the Appellate Court by the order dated 14. 11. 2006.