S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of an application filed for release 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 a portion of premises no. 77 (Old No. 15), Rajas Road, Dehradun. THE petitioner Ramesh Kumar Gupta is the landlord. Rai Singh, respondent no. 3 is the tenant. A release application was filed on the ground that the petitioner is an employee in a local private mill at Rs.700/- per mensum which income is not sufficient for his family. The family of the petitioner consists of himself, his wife, four sons and one daughter. The premises in question is required for establishing a business and, consequently, it was alleged that the need of the petitioner was most genuine, pressing and bonafide. This application was contested by the tenant.
(3.) THE Prescribed Authority dismissed the application by its judgment dated 2-9-1978. Aggrieved by the said order, an appeal was filed under section 22 of the Act. The appeal was dismissed by the Additional District Judge, Dehradun by his judgment dated 30th April, 1982.;