S.K. Dhaon, J. - (1.) THIS petition, at the instance of a tenant, is directed against an order passed by the Appellate Authority constituted under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) allowing the appeal of the landlord and reversing the order of the Prescribed Authority. By the impugned Order dated 15th March, 1980, the application purported to have been made by the landlord Under Section 21(1) of the Act for the release of a residential accommodation has been allowed initially. The tenant was a mortgagee -in -possession of the accommodation in dispute. The landlord redeemed the same. However, the Petitioner was permitted to occupy the accommodation as a tenant.
(2.) THE Prescribed Authority recorded a finding that the need of the landlord was neither bona fide nor genuine. It also recorded a finding that the tenant will suffer greater hardship than the landlord in the event the application of the landlord for the release of the accommodation in dispute is accepted. The Appellate Authority disagreed with the view of the Prescribed Authority on both the counts. It is not in dispute that at the relevant time, apart from the tenant, his widowed daughter and her son had been residing in the accommodation in dispute. In the counter -affidavit filed in this Court by and on behalf of the landlord it has been averred that after the impugned order of the Appellate Authority the said daughter of the tenant built a residential building in the same city wherein the accommodation in dispute is situate. This averment has not been denied in the rejoinder -affidavit filed by and on behalf of the Petitioner -tenant. We have, therefore, to proceed on the assumption that the averments made in the counter -affidavit are correct.
(3.) IT is now well settled that the subsequent event, namely, the building of a house by the widowed daughter of the tenant can be and should be taken into account in proceedings Under Article 226 of the constitution. The Explanation to Sub -section (1) of Section 21 of the Act, which is relevant for the present petition, provides that in the case of a residential building, while the tenant or any member of his family who has been normally residing with him or is wholly dependent on him has built or has other -vise acquired in a vacant state or has got vacated after acquisition a residential building in the same city, municipality, notified area or town area, no objection of a tenant against an application under this Sub -section shall be entertained. In view of this provision it is not open to the tenant to raise any objection to the application for the release of an accommodation made by the landlord.;