S.U.Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceeding initiated by landlord/respondent against him under Section 21 of U.P. Act No. 13 of 1972 in the form of Rent case No. 119 of 1985. Initially release application was allowed but the matter was remanded by the appellant Court. Thereafter prescribed Authority/VI 11 Addl. C.M.M., Kanpur Nagar dismissed the release application by order dated 16.10.1993. The Prescribed Authority held that the allegation, that in the quarter available to the petitioner at 5/6 Bakar Mandi colony, Kanpur Nagar entire family of petitioner was residing was not correct as it was not possible for 10 to 12 persons to reside in a small quarter. It was further held by Prescribed Authority that in case 10 to 12 persons were residing in the small quarter then releasing the accommodation in dispute will also not solve the problem of the landlord as the same was not quite big.
(2.) Regarding comparative hardship the only thing which the prescribed Authority said was that in Kanpur which is a metropolitan city house on rent is not easily available.
(3.) In my opinion the approach of the Prescribed Authority was not in accordance with law. Landlord respondent filed appeal against the said judgment and order being rent Appeal No. 179 of 1993. Appellate Court by judgment and order dated 31.1.1995 allowed the appeal, hence this writ petition by the tenant.;