- (1.) This is a petition under Article 226 of the Constitution of India which is directed against the orders passed by respondents 1 and 2, allowing an application filed by respondent No. 3 for release of residential accommodation of which the petitioner is the tenant and respondent No. 3 is the landlady.
(2.) These are the facts : The landlady filed an application under Section 21(1)(a) of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction) Act, 1972, for the release of the accommodation on the ground that she bonafide required the accommodation in dispute inter alia on the assertion that the husband of the landlady was a member of the Armed Forces and was serving in a non-family Station. A certificate had been issued in favour of her husband that he was serving under the special conditions within the meaning of 3rd Explanation to Section 21(1) of the aforesaid Act. Beside seeking aid of the 3rd Explanation, the landlady also set up other ground in support of her application for the release which it is not necessary to set out here. The application was contested by the petitioner on the ground that the landlady did not bonafide require the accommodation in dispute and that his own need was much more pressing than that of the landlady.
(3.) The Prescribed Authority allowed the application holding that the need of the landlady was bonafide and that on a comparison of hardship the landlady was likely to suffer much more than the tenant.;