- (1.) This writ petition has been filed against the judgment and order dated 23.12.2011 passed by Additional District Judge, Court No. 4, Bijnor upholding the order dated 21.5.2010 passed by Prescribed Authority/Civil Judge (J.D), Nagina, Bijnor in P.A. Suit No. 15 of 1987, whereby the release application filed by the respondent-landlord was allowed. Brief facts of the case are as follows: An application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short the "Act") was filed by the respondent-landlord on the ground of bona fide and genuine need. It was inter alia pleaded that the petitioner is a tenant of the disputed shop at the rate of Rs. 275/- per month. It was further pleaded that he was carrying cloth business by selling it door to door. While carrying/moving with so much of weight, he became a patient of blood pressure and was advised by Doctor not to strain himself physically. The petitioner-tenant contested the release application and filed his written statement, wherein he denied and disputed the averments made in the release application. The Trial Court after perusing the material available on record allowed the release application of the landlord-respondent by order dated 21.5.2010.
(2.) Being aggrieved and dissatisfied with the said order, the petitioner-tenant preferred an Appeal under section 22 of the Act, which was registered as Rent Appeal No. 9 of 2010. The said appeal was dismissed by order dated 23.12.2011. Hence the present writ petition.
(3.) Learned Counsel for the petitioner has submitted that the order passed by the Courts below are illegal, arbitrary and are based on complete misreading of the case and misconception of legal position relevant to the matter and have not considered the evidence on record in right perspective.;