SAMPAT DEVI Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution arising out of proceedings under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 hereinafter referred to as the Act.

(2.) THE property in dispute is house No. 129, Badshahi Mandi, Allahabad. The Petitioners are the landlords and Respondent No. 1 Smt. Santosh Kumari is the tenant. The application for release was dismissed by the Prescribed Authority by its order dated 6 -12 -1976. The Petitioners filed an appeal. The Additional District Judge, Allahabad, by his judgment dated 2 -5 -1977 dismissed the appeal. The Petitioner has challenged the orders dated 6 -12 -1976 and 2 -5 -1977 by means of the present petition.

(3.) SECTION 21 of the Act enjoins upon the Prescribed Authority to record a finding to the effect that the building in question is bonafide required by the landlord for occupation by himself or any member of his family or any person for whose benefit it is held. After having found the need of the landlord bonafide the Prescribed Authority has under the IVth proviso to Sub -section (1) to consider the likely hardship to the tenant from the grant of the application of release as against the likely hardship to the landlord far from the refusal of application. The Prescribed Authority has to record findings in regard to both these matters. In case, however, it finds that the building is not bonafide required by the landlord then it is not necessary to consider the second question as required by the proviso.