- (1.) This writ petition is directed against the Judgment of the District Judge, Banda, dated 28.5.1977, dismissing the appeal filed by the petitioner under Section 22 of U.P. Act No. XIII of 1972.
(2.) The disputed premises is a shop. An application was filed under Section 21 of the aforesaid Act for the release of the premises by Kallu Ram and Rameshwar Prasad Pandey. According to the application, the house belonged to the joint family. It was signed by Rameshwar Prasad as well as Kullu Ram. The ground on which the application was founded was that the premises in dispute was needed for the purposes of starting a business by the members of the joint family. The business proposed in the said premises was "Selling of Ayurvedic medicines". The application was contested by the Petitioner. He claimed that the need of the landlord for the premises in dispute was not bonafide and that he was running the business in the disputed shop Since long. It was asserted that the petitioner would suffer greater hardship in case the application filed by the landlord, was allowed.
(3.) After considering the evidence on the record, the Prescribed Authority held that the need of the landlords was genuine and that the landlords would suffer greater hardship than the tenant in case the application for the release was rejected. Aggrieved by the judgment of the Prescribed Authority, an appeal was taken by the tenant to the District Judge. The District Judge confirmed the findings of the Prescribed Authority and dismissed the appeal. Hence, this writ.;