Sudhir Narain - (1.) THIS writ petition is directed against the order dated 2.12.1992 passed by the prescribed authority, allowing the application filed by the landlord, respondent No. 3, under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) and the order dated 28.5.1993, dismissing the appeal of the petitioner against the order of the prescribed authority.
(2.) THE petitioner is a tenant of premises No. 66 MIG 'W Block, Juhi Gaushala, Kanpur Nagar. Respondent No. 3 filed application under Section 21(1) (a) of the Act on the ground that he is residing as a tenant on the first floor of premises No. 124/M/7 Govind Nagar, Kanpur, and his landlord is pressing to vacate it. He wants to live in his own house. It was further stated that the tenanted accommodation with him consists of only 4 rooms, store, etc. Whereas his family consists of self, wife, son, daughter-in-law and one grand-daughter. So it is difficult for him to live in that small accommodation. This application was contested by the petitioner and it was stated that the respondent No. 3 is already living in a tenanted house and he did not require any further accommodation. The petitioner further stated that he is tenant of two separate accommodations and one application for release of two separate accommodations is not maintainable. The prescribed authority allowed the application, aforesaid, on the findings that the respondent No. 3 is living in a tenanted house and his need was bona fide and genuine.
(3.) THE petitioner filed an appeal against the order of the prescribed authority and the appellate authority has dismissed the appeal filed by the petitioner by order dated 28.5.1993. I have heard Shri Sharad Malviya, learned counsel for the petitioner and Shri H. S. Nigam, learned counsel for the respondent.;