- (1.) R. H. Zaidi, J. Present petition arises out of proceedings under Section 21 (1) (a) of U. P. Act No. XIII of 1972 and is directed against the order passed by the authority below dated 30-10-1995, allowing the appeal of the landlord and dismissing that of the petitioner.
(2.) THE contesting respondent No. 3 filed the release application for the release of 40/69, Hospital Road, Kanpur, a commercial building, in his favour, mainly with the allegations that his son Avanish Kumar Sexena was doing law and has completed the same and has started practising as an advocate at Kanpur and his daughter Km. Sangeeta wanted to run a coaching Center in music and dance particularly when her mother was Head of the Department in Music in D. G. College, Kanpur and was in a position to help her daughter. It was also pleaded that after his retirement he himself wanted to open a shop of books in the building in question as the same was suitable for the said business. It was asserted that Avanish Kumar Saxena wanted to open his chamber in the building in question. The application was contested and opposed by the petitioner who has denied the pleas taken by the landlord and pleaded that the need set up by him was neither genuine nor bona fide and the plea of hardship was also taken. The Prescribed Authority was pleased to allow the application in part i. e. two rooms situated behind the main Hall were released in favour of the landlord.
(3.) FELLING aggrieved by the judgment and order passed by the Prescribed Authority two appeals were filed before the appellate authority i. e. one by the petitioner and the other by the landlord. The appellate authority allowed the appeal filed by the landlord and dismissed the appeal filed by the petitioner. The petitioner has challenged by means of this petition, the order passed by the appellate authority as well as the order passed by the Prescribed Authority in so far it stands against him. Heard learned counsel for the parties.;