S.U. Khan, J. - (1.) Earlier this writ petition was allowed on 11.5.2004. Later on an application for recall/rehearing was filed on the ground that on 11.5.2004 learned Counsel for the tenant respondent was prevented from appearing due to sufficient cause. Recall/rehearing application has been allowed by me today.
(2.) Heard learned Counsel for the parties.
(3.) Release application of landlord petitioner bearing R.C. No. 11 of 1982 was allowed by Prescribed Authority, Kanpur. Tenant's appeal numbered as Rent control Appeal No. 118 of 1983 was allowed by VIth Additional District .. Judge, Kanpur through judgment and order dated 18.5.1983 only on the ground that landlord instead of filing release application against tenant appellant should have filed release application regarding adjourning property bearing No. 13/392. L, as tenant of the said property had purchased a house hence the said house (13/392 L) was legally deemed vacant. Lower Appellate Court concluded that the release application filed against the appellant tenant regarding property No. 13/392 K was not bonafide. While allowing the writ petition earlier on 11.5.2004, I placed reliance upon AIR 2003 SC 156 , for holding that landlord is entitled to proceed against any of his tenants for getting the property released for his bonafide need.;