- (1.) RAKESH Tiwari, J. This is landlord's petition, petitioner- landlord has challenged the validity and correctness of judgment and order dated 4-10-2006 (appended as Annexure 1 to the writ petition) passed by Additional District Judge, Court No. 7, Varanasi in Rent Appeal No. 241 of 2004.
(2.) THE dispute giving rise to the instant writ petition relates to accommodation under the tenancy of the respondents consisting of three rooms, kitchen, varandah (Angan), laterine/bathroom situated on the ground floor of premises No. 57/49-D-5, Mohalla-Maulvibag, Sigra, District Varanasi. Petitioner-landlord moved release application 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'), which was registered as case No. 60 of 2002 for eviction of the respondent-tenant on the ground of his own bona fide and genuine need. The release application was contested by the respondent-tenant by filing his written statement dated 19-12-2003 denying the plaint allegations and stating that the need of the landlord was sham and fictitious.
(3.) AFTER exchange of pleadings, the Prescribed Authority vide judgment dated 25-11-2004 allowed the release application of the petitioner-landlord. Aggrieved by the judgment dated 25-11-2004 of the Prescribed Authority, the respondent-tenant preferred Rent Appeal No. 241 of 2004, which has been allowed by the impugned judgment dated 4-10- 2006 passed by Additional District Judge, Court No. 7, Varanasi.;