SUNDER SINGH Vs. ANWAR SAYEED

JUDGEMENT

(1.) Heard Sri Mahboob Ahmad Siddiqui, learned learned counsel for the petitioner and Sri Madhav Jain, learned counsel for the respondent.

(2.) The present petition seeks to challenge the order dated 30.10.2017 passed by the Judge Small Cause Court Prescribed Authority, Agra whereby the application filed by the respondent-landlord under Section 21(1)(a) of U.P. Act No.13 of 1972 registered as P.A. Case No. 74 of 2013 was allowed. The petitioner also seeks to challenge the order dated 18.02.2019 passed by the Additional District Judge, Agra, whereby the appeal filed by him as P.A. Appeal No. 239 of 2017 has been dismissed.

(3.) Concurrent findings of fact have been returned by the courts below on the issue of bonafide need and comparative hardship. The Prescribed Authority has considered the facts of the case and the need set up by the respondent-landlord on the basis of which the release application was filed and upon due consideration of the same has held the need to be bonafide. On the issue of comparative hardship a finding has been returned that the petitioner-tenant has a number of properties of which he is the owner whereas the landlord did not have any other shop from which he could carry on his business, and upon considering the documentary evidence in this regard the issue of comparative hardship has been decided in favour of the respondent-landlord.