A.K.YOG,J. - (1.) THE present petition has been filed by Suraj Singh Saini claiming to be tenant of house No. 90, Bag Bhatari, G.T. Road near Chawadhary Mod District Ghaziabad. Father-in-law of respondent No. 2 was the landlord, who filed release application under Section 21(1)(a) of 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 tenant petitioner contested the same and that parties had opportunity to lead evidence in support of their respective cases under law.
(2.) LANDLORD had filed release application under Section 25 of the Act earlier in 1974 (case No. 21 of 1974) but the same was dismissed by the Prescribed Authority vide judgment and order dated June 7, 1975/Annexure 5 to the petition. The landlord filed another Application under Section 21(1)(a) of the Act (being Rent case No. 6 of 1993). The tenant filed objections dated 3-2-1994 after parties led evidence in support of their respective cases. The prescribed authority allowed release application vide judgment and order dated November 27, 1999 (Annexure 6 to the petition) holding that the need of the landlord was genuine and bonafide and that by not allowing the release application landlord was to suffer more hardship as compared to the hardship suffered by the tenant.
(3.) FEELING aggrieved the tenant petitioner filed P.A. Appeal No. 220 of 1999 Suraj Singh v. Smt. Mevis Mikel and others.;