S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (hereinafter referred to as the Act).
(2.) THE property in dispute is premises no. 101 situate in Askarganj, city of Gorakhpur. THE petitioner, Abdul Jabbar is the tenant. Respondent no. 3 Firoz Alam Lari, is the landlord. On 6th October, 1975, the property in dispute was purchased by Firoz Alam Lari, the present landlord from the erstwhile owner. After purchasing the property, an application was filed under section 21 of the Act on 31st August, 1979. In this application, it was alleged that the landlord was residing in a rented house in Mohalla Khoonipur at a rent of Rs.38/- per mensum, of which Abdul Mannan was the landlord. It was alleged that the accommodation in occupation of the landlord was insufficient and, consequently, he required the disputed property for his use. This application under section 21 of the Act was contested by the petitioner. The prescribed authority by an order dated 16th May, 1980 dismissed the release application, holding that the need of the landlord was not bonafide and genuine.
(3.) AGGRIEVED by this decision dated 16th May 1980, an appeal was filed by the landlord respondent no. 3 under section 22 of the Act. The appellate authority allowed the appeal by its judgment dated 24th April, 1981, which has been impugned in the present writ petition.;