B.K.SINGH, J. - (1.) THE petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, to quash order dated 6.1.1988 passed by Prescribed Authority/Munsif Sadar, Faizabad, in P.A. Case No. 22 of 1986 and order dated 16.11.1992 passed by the same authority in Misc Case No. 143 of 1988 by issuing a writ of certiorari. Other reliefs are ancillary to the main relief stated above.
(2.) THE relevant facts giving rise to the writ petition may be briefly stated. Ram Raghubir Jaiswal, the opposite party No. 1 owner/landlord of the premises in petitioner's tenancy filed an application under Section 21(1) (a) of Act 13 of 1972 for release of the accommodation in his favour in the Court of Prescribed Authority/Munsif Sadar, Faizabad. He pleaded that he is in service and now his retirement is due in near future. The family consists of landlord himself, his wife and three children. As per understanding between parties the tenant should have vacated the premises but has now refused to vacate it. The need of the landlord is bonafide and genuine. He shall use it for his personal residence and in case the accommodation is not released then he in comparison to the tenant (petitioner) shall suffer greater hardship etc.
(3.) THE tenant (petitioner) contested the landlord's claim and denied the allegations set forth by landlord in the release application. The tenant claimed that he is, since 1975, tenant of the whole house and the landlord is not in possession over any portion of it, that landlord has other houses, that his family consists of self, his wife, three sons, two daughters-in-law and four grandchildren. The landlord is T.C. I. in railway. His retirement is 7-8 years away. It was also stated that he shall suffer greater hardship in case the application is allowed etc.;