DAMYANTI DEVI Vs. BRINDABAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution arising out of proceedings for release of a portion of a house 'Ganga Guru Niwas' situated in Bara Bazar, in the city of Haridwar under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, U.P. Act XIII of 1972 -hereinafter referred to as the Act.

(2.) THE Petitioners are the landlords and Brindaban Respondent No. 1 is the tenant of the said accommodation. The Prescribed Authority by his order dated 20th Oct. 1976 rejected the release application. In appeal under Section 22 of the Act the Distt. Judge has agreed with the prescribed authority and dismissed the appeal on 29th April 1977. The Petitioners have challenged the orders dated 20th October 1976 and 29th April 1977 by means of the present writ petition in this Court.

(3.) IN the entire judgment of the District Judge except the last paragraph the effect of Explanation (iv) of Section 21 of the Act has been considered.