Rakesh Tiwari, J. - (1.) HEARD Counsel for the parties and perused the record. This writ petition has been filed for quashing the order dated 16.5.2007 passed by the Special Judge (E.C. Act) Jhansi in Rent Control Appeal No. 5 of 2006 by which the Appellate Court has set aside the order dated 22.2.2006 passed by the Prescribed Authority/Judge Small Causes Court, Jhansi whereby the question of bonafide need and comparative hardship had been decided by it in favour of the petitioner -tenant.
(2.) THE dispute relates to House No. 467/8 Bery compound Sipri Bazar, Jhansi consisting of one room, verandah and Courtyard of which the petitioner is tenant at the rate of Rs. 30/ - per month. The respondent Smt. Sudesh Bery widow of late R.K. Bery claims to be the landlord of the house in dispute. It appears that the landlady (in the writ petition) respondent moved an application under section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction), Act, 1972 (hereinafter referred to as the U.P. Act No. 13 of 1972) before the Prescribed Authority, Jhansi for release of the accommodation in dispute for residential purposes of her son
(3.) THE release application was contested by the petitioner -tenant denying the need of the respondent landlady further stating that there are six big, two small houses and six shops in possession of the landlady which are sufficient for her need as such neither her need is genuine and bonafide nor she will suffer greater comparative hardship if the accommodation in his tenancy is not released in favour of the landlady.;