JUDGEMENT
S.U.KHAN, J. -
(1.) HEARD learned Counsel for the parties.
(2.) THIS is landlords' writ petition arising out eviction/release proceedings initiated by him against tenant-respondent on the ground of bona fide need Under section 21 of U.P. Urban Buildings (Regulation of Letting, Rent ajyi Eviction) Act, 1972 in the form of P.A. Case No. 1 of 1994. Prescribed Authority/Civil Judge (J.D) Jalaun at Oria, allowed the release application through judgment and order dated 22.2.2003. Against the said judgment and other tenant-respondent filed rent Appeal No. 4 of 2003. District Judge, Jalaunit Oria allowed the appeal through judgment and order dated 25.4.2003, set as the judgment and order passed by the prescribed authority and rejected the release application of the landlord, hence this writ petition by the landlord.
Property in dispute is spread over two floors. On the ground floor three is one room and one covered varandah and on the first floor there are two rooms. The remaining three rooms on the first floor are in occupation of the landlord. Landlord has got six rooms on the ground floor in which he is carrying on business of manufacturing and selling furniture since long. Rate of rent is Rs. 400/-per month according to the landlord and Rs. 75/- per month according to the tenant. Lot of litigation has taken place and is going on in between the parties
(3.) TENANT -respondent is leading advocate of the District where property in dispute is situate. He has been D.G.C. (Criminal) also. Para 17 of the counter-affidavit filed by tenant respondent himself is extremely interesting and is quoted below:
"That Hon'ble Mr. Justice Nasimuddin (Rtd.) when he was posted as District and Sessions Judge Oral District Jalaun a written test for promoting employee of Group 4 to Group 3 was conducted. One of the questions in examination paper was that what do you know about Mr. Harinath Singh, Advocate, Oral write an essay." ;
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