R.H. Zaidi, J. - (1.) THIS writ petition, filed under Article 226 of the Constitution of India, arises out of the proceedings 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). The petitioner was the tenant of the building in dispute. In the application filed by the respondent No. 3, it was claimed that he was retired from the public service, therefore, he was in need of building in question for his personal use and occupation. Application filed by the respondent No. 3 was contested by the petitioner.
(2.) THE prescribed authority after perusing the evidence on the record and hearing the parties was pleased to allow the application filed by the respondent No. 3 vide judgment and order dated 23.7.83. Aggrieved by the judgment and order passed by the prescribed authority the petitioner preferred an appeal before the respondent No. 1. The respondent No. 1 has also affirmed the findings recorded by the prescribed authority and was pleased to dismiss the appeal vide judgment and order dated 14.5.87. Petitioner thereafter approached this court and filed the present petition. This court by its interim order dated 8.7.87 was also pleased to stay the ejectment of the petitioner from the building in question, subject to the condition that he would pay monthly rent/damages every month.
(3.) I have heard counsel for the parties.;