- (1.) RAKESH Tiwari, J. Invoking ex traordinary jurisdiction of this Court under Article 226 of the Constitution, this petition takes an exception to the judgment and decree dated 21-1-2004 appended as Annexure 10 to the writ petition in Rent Appeal No. 5 of 2003, Satya Pal Juneja v. Chandra Shekhar Azad Junior High School, passed by Ad ditional District Judge, Court No. 17, Kanpur Nagar.
(2.) BRIEFLY stated, the facts of the case are that release application under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Lettings, Rent and Evic tion) Act, 1972 (hereinafter referred to as 'the Act') was filed by the respon dent-landlord on the ground that he along with his family members were residing at Sambhalpur, Orissa and he intends to shift at Kanpur. The release application was contested by the tenant-petitioner by filing written statement, inter alia, that landlord had sufficient accommodation in his possession; he has concealed the accommcdation in his possession; his two tenants Sri Hemraj Uppal and Sri G. P. Dixit vacated and handed over peaceful possession to him; two sons and he himself is residing at Orissa and carrying on business at a very large scale; one son is residing at Mussoorie and only one son as well as a divorced daughter are residing at Kanpur. It was also stated by the tenant-petitioner that during pendency of proceedings, another tenant Sri Shakti Rai vacated the premises and a vacan cy was declared and that apart, the landlord is having a big hall in his pos session.
(3.) THE Prescribed Authority vide judgment and order dated 29-10-2001 rejected the release application holding need of the landlord as not bona fide. Aggrieved by the rejection of release application by the Prescribed Authority, the landlord preferred Appeal No. 05 of 2003, Satya Pal June/a v. Chandra Shekhar Azad Junior High School, which has been allowed by the impugned judgment and decree dated 21-1-2004 against which the petitioner has filed the instant writ petition. Contentions of Counsel for the petitioner:;