B.K.Rathi, J. - (1.) The premises in dispute is portion of property No. 6/246, Barah Pura, Belanganj, Agra, consisting of two halls one kitchen, one kothri, gaukh, latrine, kitchen bath on the first floor and a small kothri on the second floor. The respondent Nos. 3 and 4 are the landlords of the same and they moved an application for release under Section 21 (1) (a) of U.P. Act No. XIII of 1972 (hereinafter called the Act), Annexure-1 to the petition. The application for release was allowed by the prescribed authority by order, Annexure-4 to the petition on 18.2.1994. Against that order, the petitioner preferred appeal No. 110 of 1994 under Section 22 of the Act. The said appeal has also been dismissed by judgment, Annexure-12 to the petition on July 5. 1997. Aggrieved by it, the petitioner tenant preferred this petition invoking extraordinary Jurisdiction of this Court under Article 226 of the Constitution of India with the request that both the orders be quashed.
(2.) I have heard Sri Prakash Gupta, learned counsel for the petitioner and Sri Rajesh Tandon, senior advocate, for the respondent No. 3.
(3.) There are concurrent findings of fact that the need of the respondent No. 3 is bona fide to whom the disputed portion was given in partition. There is also concurrent findings of both the courts below that hardship tilt in favour of respondent No. 3. These concurrent findings of fact cannot be interfered with in this petition as has been held by this Court and the Apex Court in the case of 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. Ist Addl. District Judge and others, 1967 UPRCC 376 ; Jagan Prasad v. District Judge and another, 1976 UPRCC 342 ; Laxmi Narain v. IInd Addl. District Judge and another, 1977 UPRCC 230 ; Smt. Nirmala Tandon v. Xth Addl. District Judge, Kanpur Nagar, 1996 (2) ARC 409 and in the case of Kamleshwar Prasad v. Praduman Ji Agarwal, 1997 (1) ARC 627.;