FAIZEE NOMANI Vs. KHWAJA SOAIB ULLA AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the tenant-petitioner and Sri Atul Dayal, learned counsel for the landlord-respondent perused the record.

(2.) Present petition has been filed challenging the impugned judgment and order dated 30.7.2007 passed by the Civil Judge (Junior Division)/Prescribed Authority, Azamgarh in P.A. Case No. 1 of 2002 (Khwaja Soaib Ulla v. Faizi Nomani and others) and the judgment and order dated 23.11.2010 passed by the Additional District Judge, Court No. 1 Azamgarh in Rent Appeal No. 117 of 2007 (Faizi Nomani v. Khwaja Soaib Ulla) .

(3.) The release application filed by the landlord-respondent was allowed by the prescribed authority and the appeal against the same was dismissed. Three issues were framed by the trial Court: (1) as to whether the need is bona fide; (2) comparative hardship; and (3) relief, if any. On the first issue, the trial Court found that the need of the landlord is bona fide who has filed release application for the purpose of business of his son. On the issue of comparative hardship, the same was also found in favour of the landlord and ultimately relief was granted to the landlord. The appeal filed against the same was also dismissed.