- (1.) SHASHI Kant Gupta, J. By means of the present writ petition the petitioner has approached this Court for issuance of a writ of certiorari quashing the orders dated 12.11.1998 (Annexure No. 8) passed by the Vth Additional District Judge, Agra in M.A. Suit No. 494/96 confirming the order dated 13.11.1996 passed by the Prescribed Authority/ III Addl. Civil Judge (S.D), Agra in P.A. Case No. 186 of 1994 whereby the release application of the landlady filed under section 21 (1)(a) of the U.P. Act NO. 13 of 1972 was dismissed.
(2.) THE background facts, in a nutshell, essentially, are as follows follows: An application under section 21 (1)(a) of U.P. Act NO. 13 of 1972 (hereinafter referred to as the 'Act') was filed by the plaintiff landlady against the defendant respondents on the ground of bonafide need alleging therein that the premises in question, wherein a post office is being run by the Central Government, is required by her to establish her two unemployed sons. The rate of rent of the disputed premises is Rs. 95/- per month. The said application was contested by the defendant respondents by filing written statement alleging that the need of the landlady is neither bonafide nor genuine and the respondents will suffer greater hardship in case they are evicted from the disputed premises.
(3.) THE release application of the landlady was dismissed by the prescribed authority on 13.11.1996. The prescribed authority while dismissing the release application held that though the need of the landlady was bonafide and genuine but the comparative hardship was in favour of the tenant.;