S.D.AGARWAL, J. - (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 (hereinafter referred to as the Act).
(2.) THE property in dispute is quarter No. 7/10, Bhagwan Dass Quarters, Dehradun Smt. Shail Sharma, respondent No. 1, is the landlady. Dool Chand, the petitioner, is a tenant. Smt. Shail Sharma, the landlady, is residing in a tenanted accommodation, namely, quarter No. 12/4 Bhagwan Dass Quarters, Dehradun. The accommodation in occupation of the landlady is on the first floor of the accommodation. The landlady filed an application for release of the accommodation in dispute on the ground that she requires the accommodation for herself and the members of her family and also on the ground that since she has been suffering from hypertension and has been advised not to climb up stairs, she requires the accommodation on the ground floor, which is the accommodation in dispute.
(3.) THE need of the landlady was contested by the petitioner, the tenant. Ultimately, by an order dated 11th July, 1983, the Prescribed Authority came to the conclusion that the need of the landlady was bonafide and genuine and that greater hardship will be caused to her in case the release application is not allowed and, consequently, the Prescribed Authority allowed the release application and directed the property to be released in favour of the landlady.;