- (1.) A. K. Yog, J. Heard learned Counsel for the petitioner.
(2.) PETITIONER, tenant of residential accommodation of which respondent No. 3 happens to be landlord, approached this Court under Article 226, Constitution of India. Seeking to challenge concurrent judgment and order dated 1-8-1998/annexure-6 to the petition, passed by Prescribed Authority Special C. J. M. , Kanpur Nagar in Rent Case No. 6 of 1996 and judgment and order dated 9- 8-2001/annexure 8 to the petition, passed by Additional District Judge (Court No. 8) Kanpur Nagar in Rent Appeal No. 132 of 1998. The landlord had sought release of the accommodation in question (Premises No. 577 Faithfulganj, Cantonment, Kanpur) on the ground that he had large family consisting of 18 members and he alongwith them is living in a small tenanted accommodation. Petitioner contested claim of the landlord. He was allowed to file counter-affidavit against the release application filed by the landlord under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 U. P. Act No. XIII of 1972 (for short called 'the Act' ). The Prescribed Authority had appointed an Advocate Commissioner to inspect the premises in dispute.
(3.) PRESCRIBED Authority after considering evidence on record in the light of the submissions made by the respective parties. Allowed release application filed under Section 21 (1) (a) of the Act, by means of the judgment and order dated 1-8-1998/annexure-6 to the petition. Feeling aggrieved, Rent Appeal No. 132 of 1998 (referred to above) was filed. Memorandum of, appeal has been annexed as Annexure-7 to the petition.;