- (1.) HEARD Sri Ramji Srivastava, Advo cate for the petitioner, learned Standing Counsel for the respondents no. 1 and 2 and Sri Sharad Sharma, Advocate for the respondent no. 3.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 24-03-2004 passed in RCA No. 50/2003 Sh. Rati Ram Vs. Sh. Kailash Dogra and order dated 24-03-2002 passed by the Prescribed Authority in P. A. No. 25/ 2002, Sh. Kailash Dogra Vs. Sh. Rati Ram and dismiss the release application i. e. PA. Case No. 25/2002. FACTUAL MATRIX OF THE CASe Briefly stated, the dispute relates to the property no. 24/45, Old Dalanwala, Dehradun, where the peti tioner is a tenant and respondent no. 3 is the owner of the property. Release ap plication has been filed under Section 21 (1 ) (a) of the Act No. XIII of 1972 stat ing therein that the respondent no. 3 is the owner of the premises and the peti tioner is month to month tenant on a rent of Rs. 210 per month. According to the case of the landlord/respondent no. 3, he purchased property described in Schedule- A for his personal use and occupation. His fam ily consists of his wife Vijay Laxmi and his minor son Master Shubham aged about 2 years.
(3.) LANDLORD in his release applica tion has stated that he is living along with his family in Schedule-A property minus Schedule 'b' accommodation i. e. one room with common Varandah in part. LANDLORD has submitted that the property mentioned in Schedule-B is in possession of the petitioner and the rest part is in possession of the landlord. The description of the property is as under : "schedule'a' Portion of property bearing No. 24/ 45, Old Dalanwala, Dehradun, consist ing of 2 rooms, varandah, kitchen, bath room and Angan bounded and butted as under : North: Property of Rakesh Mohan. South: Property of Sri Inder Pal now in occupation of Sri Bhopal Singh Rawat. East: Property of Sri Milkhi Ram. West: Property of Sri V. D. Sharma. "schedule's' Portion of Schedule 'a' property con sisting of 1 room, 1 tin-shed kitchen, 1 tin shed bath-room and common varandah bounded and butted as under: North: Property of Rakesh Mohan. South: Property of Sri Inder Pal now in occupation of Sri Bhopal Singh. East: Property of schedule 'a' property in occupation of the peti tioner. West: Property of Sri V. D. Sharma. " The Prescribed Authority has al lowed the release application. On ap peal, the same was dismissed. Both the courts below have recorded the concur rent findings regarding bonafide need as well as hardship to the landlord. Prescribed Authority has recorded the find ings to the following effect : Hindi BONAFIDE NEED OF THE LAND LORd;