Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner-landlord filed release application under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') for release of the shop situated in Mohalla Alinagar, Gorakhpur under the tenancy of the petitioner on the ground of bona fide need. It was stated in the application for release that his second son who became physically handicapped in an accident as such, the disputed shop was required to settle him in the business of readymade garments. He also claimed that the respondent-tenant has a big house with shop at Diwan Bazar, Gorakhpur in which she is doing business, can shift her business there without any inconvenience. It was also averred that the tenant has another big house at Barhni district Siddharthnagar and her husband also has a house near D.A.V College Gorakhpur as well where the business can be shifted by her. The respondent-tenant contested the release application by filing her written statement alleging that the release application has been filed with mala fide intention and that the second son of the landlord is, in fact, studying in B.Com (Final) in Sant Kabir Nagar and is not a handicapped person, as such, the need set up by the landlord is imaginary and not bona fide.
(3.) THE prescribed authority while allowing the release application vide order dated 6.3.2002 recorded a finding that the need of the landlord is genuine and his comparative hardship is also greater than the tenant. In Rent Appeal No. 1 of 2002 filed by the tenant, the findings of the prescribed authority were upset by the appellate court holding that the landlord could not prove that his second son had met with an accident and that son, who is studying and that he can do business with his elder brother, as such, comparative hardship of the tenant is greater. Aggrieved by the judgment and order passed by the appellate authority, the petitioner-landlord has invoked the writ jurisdiction by means of instant writ petition.;