LAWS(ALL)-1999-3-69

ALLAUDDIN UMAR Vs. ADDL DISTRICT JUDGE VARANASI

Decided On March 16, 1999
ALLAUDDIN UMAR Appellant
V/S
ADDL DISTRICT JUDGE VARANASI Respondents

JUDGEMENT

(1.) YATINDRA Singh, J. This is tenant's writ petition against the order dated 1-5-1991 and order dated 31-10-1998 allowing the landlord's application under Section 21 (l) (a) of U. P. Urban Buildings (Regula tion of Letting, Rent and Eviction) Act, 1972 in respect of the premises in dispute which is a shop.

(2.) THE landlord filed an application for his personal need and for the need of his sons. Both the Courts below have come to the findings that the need of the landlord is bonafide and after considering the hardship the Courts below have held that the greater hardship will be caused to landlord in case his application is rejected. While considering these facts the Prescribed Authority has taken into ac count the fact that the tenant has already had a vacant shop in the name of the wife on his disposal over which he can shift his business.