- (1.) This writ petition is directed against a judgment of the Sixth Additional District and Sections Judge, Meerut, dated 23.12.1975, allowing an appeal filed by respondent 3, who was the landlord and owner of the shop in dispute.
(2.) An application under Section 21(1)(a) of U.P. Act XIII of 1972 was filed by respondent 3 for eviction of the petitioner from shop No. 746, Begam Bagh, Meerut. The landlord alleged that he requried the shop for his own use and occupation. The application was resisted by the petitioner. He alleged that the need of the landlord was not bonafide, and that the landlord did not require the premises in dispute for the purposes of starting any business. He claimed that the application was filed with an oblique motive for the designed purpose of evicting the petitioner. It was also claimed by the tenant that he was likely to suffer greater hardship.
(3.) The prescribed Authority although held that the need of the landlord was genuine, but since he was of the view that the tenant was likely to suffer greater hardship, he rejected the application. Against the said order, an appeal was taken by respondent 3 to the appellate authority, and held that the need of the landlord was genuine. But, while deciding the question of comparative hardship, he held that as the tenant would be paid compensation for vacating the premises he was not likely to suffer any hardship. As a consequence thereof, he found that the application of the landlord was liable to be allowed. Aggrieved, the petitioner has filed the present writ petition.;