B.K.Rathi, J. - (1.) The premises in dispute are three rooms, latrine, bath room on the ground floor of house No. 13/57 Parmit, Kanpur Nagar. Admittedly the respondent No. 3 is the landlady of the said house and she moved an application for release under Section 21 (1) (a) of U. P. Act No. 13 of 1972 alleging she is in bona fide need of the house. The application was allowed by the prescribed authority by judgment dated 26.5.1999. Annexure-2 to the writ petition. Aggrieved by it, the petitioner filed a rent appeal No. 114 of 1999 under Section 22 of U.P. Act No. 13 of 1972. The rent appeal has also been dismissed by order dated 5.3.2001. Annexure-1 to the writ petition. The petitioner has therefore invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India.
(2.) I have heard Sri W.H. Khan, learned counsel for the petitioner, Sri Ravi Kiran Jain, senior advocate, assisted by Sri P.K. Gupta, learned counsel for the respondent No. 3 and the learned standing counsel.
(3.) There are concurrent findings of the both the courts below on the point that the need of the landlady is bona fide and that the hardship in her favour is more than the hardship which may be caused to the petitioner in case the application is allowed. These concurrent findings of fact cannot be disturbed in this petition under Article 226 of the Constitution of India as stand taken in the following cases by this court as well as by the Apex Court : Kamla Sarin v. Shyam Lal and others, 1984 (2) All RC 344, Munni Lal and another v. Prescribed Authority and another. AIR 1978 SC 29, Natthu Lal v. Radhey, AIR 1974 SC 1696 : Babhutmal Raichand v. Laxmibai, AIR 1975 SC 1296 ; Smt. Labhkumar Bhagwani Shaha v. Janardan Mahadeo Kalan, AIR 1983 SC 535 ; Ram Rakesh Pal and another v. I Additional District Judge and others, 1967 UPRCC 376, Jagan Prasad u. District Judge and another, 1976 UPRCC 342. Laxmi Naratn v. IInd Additional District Judge and another. 1977 UPRCC 230 : Smt. Nirmala Tandon v. Xth Additional District Judge, Kanpur Nagar, 1996 (2) ARC 409 and in the case of Kamleshwar Prasad v. Praduman Ji Agarwal, 1997 (1) ARC 627.;