ABBAS ALI Vs. AJIT KUMAR

JUDGEMENT

(1.) S. U. Khan, J. Heard Sri S. N. Singh, learned Counsel for the petitioner and Sri R. K. Jain, learned Senior Counsel assisted by Sri Rahul Jain, learned Counsel for landlord who has appeared through caveat.

(2.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlord- respondent on the ground of bonafide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, in the form of P. A. Case No. 13 of 1995. Prescribed Authority/a. C. J. M. Court No. 3, Allahabad allowed the release application through judgment and order dated 31. 3. 2003. Against the said judgment and order tenant-petitioner filed R. C. Appeal No. 21 of 2003 which has been dismissed on 7. 5. 2008 by A. D. J. Court No. 14, Allahabad hence this writ petition.

(3.) IN respect of comparative hardships the Courts below held that the tenant did not make any effort to search alternative accommodation and that tenant was admittedly doing only cutting job on freelance basis. Tenant's case was that several other tailors gave him the clothes for cutting and he returned them after doing the needful. The Courts below held that such job could be done even at the residence of the tenant.