A.K.Yog, J. - (1.) Virendra Pal Gupta, is the tenant of a shop situate in Upper Bazar, Opposite Raj Talkies, Modinagar, Tehsll and District Ghazlabad. Sri Mahavir Prasad and his wife Smt. Srimatl Devi (respondent Nos. 3 and 4) are the landlord. Release application was filed under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 Act No. XIII of 1972) (for short called 'the Act') on the ground that landlord required bona fide said shop for settling his son. Parties led evidence and after hearing them, Prescribed Authority came to the conclusion that need of the landlord was bona fide. But rejected the release application on the ground that tenant shall suffer more hardship as compared to the landlord, in case release application was allowed.
(2.) Landlord filed Rent Control Appeal No. 87 of 1988 under Section 22 of the Act. Appellate Authority (III Additional District Judge, Ghazlabad/Respondent No. 1) after perusing relevant evidence and material on record as well as hearing the parties came to the conclusion that landlord wanted the shop in question for establishing his son who was unemployed. Learned appellate Authority also observed that tenant had made no effort to find alternative accommodation. The appellate Authority further found that Prescribed Authority did not adopt correct approach in appreciating the evidence while recording findings on the question of comparative hardship. Appellate Authority, consequently, allowed the appeal.
(3.) The tenant-petitioner, Virendra Pal Gupta, has, therefore, filed this petition.;