- (1.) THE tenant has filed this petition for setting aside the order dated 3rd February, 2007 passed by the Prescribed Authority by which the application filed by the landlord under section 21 (1) (a) of the Uttar pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) for eviction of the tenant from the premises in dispute as the landlord bona fide required the premises for his own use as well as for the use of his family members was allowed.
(2.) THE petitioner has also sought quashing for the judgment and order dated 3rd of April, 2008 by which the Appeal filed by the tenant under section 22 of the Act was dismissed.
(3.) SRI Rajiv Mishra, learned Counsel appearing for the petitioner submitted that the provisions of the Act are not applicable to the building in dispute as the building is exempted from the operation of the Act under section 2 (2) of the Act. He further submitted that the finding of bona fide need recorded by the Prescribed Authority as well as Appellate Authority is not based on the evidence on record and in fact, the landlord did not bona fide require the premises in dispute.;