V.K. Mehrotra, J. - (1.) Surendra Verma is landlord of house No. 4118, Baluaganj, Agra, Virendra Nath Sharma was its tenant. An application for release of the aforesaid house was made by Surendra Verma. The ground on which release was sought was that he needed the house for himself because he had retired from service and had no other house for residence at Agra. For the time being he was living with a friend in Idgah Colony, Agra as a matter of concession.
(2.) The application was resisted by the tenant on various grounds one of which was that the landlord was seeking the release of the house only with a view to put pressure upon him to enhance the rent. It was also pleaded that having regard to the comparative hardship which was likely to be caused to the parties, an order of release of the house was not called for. Both the parties led evidence in support of their respective cases.
(3.) The Second Additional Civil Judge, Agra as the prescribed Authority considered the evidence on record at some length and, Caine to the conclusion that the accommodation was needed bona fide by the landlord. He also concluded that the hardship likely to result to the landlord by refusal of permission to him to occupy the house himself was greater is compared to the one likely to be caused to the tenant in case the prayer for release was granted. On these findings, the application under section 21 of U.P. Act No. 13 of 1972 was allowed by the learned Civil Judge by order dated November 11, 1978.;