DAMYANTI DEVI Vs. BRINDABAN
LAWS(ALL)-1979-8-62
HIGH COURT OF ALLAHABAD
Decided on August 01,1979

DAMYANTI DEVI Appellant
VERSUS
Brindaban Respondents


Referred Judgements :-

HAJI MANZOOR AHMAD V. STATE OF U.P. [REFERRED TO]
RAM KUMAR V. 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE [REFERRED TO]
SMT. SAMPAT DEVI V. SMT. SANTOSH KUMARI [REFERRED TO]



Cited Judgements :-

SHESH NARAINPANDEY VS. RAJ KISHORI [LAWS(ALL)-2013-1-422] [REFERRED TO]


JUDGEMENT

S.D. Agarwala, J. - (1.)THIS is a petition under Article 226 of the Constitution arising out of proceedings for release of a portion of a house 'Ganga Guru Niwas' situated in Bara Bazar, in the city of Haridwar under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, U.P. Act XIII of 1972 -hereinafter referred to as the Act.
(2.)THE Petitioners are the landlords and Brindaban Respondent No. 1 is the tenant of the said accommodation. The Prescribed Authority by his order dated 20th Oct. 1976 rejected the release application. In appeal under Section 22 of the Act the Distt. Judge has agreed with the prescribed authority and dismissed the appeal on 29th April 1977. The Petitioners have challenged the orders dated 20th October 1976 and 29th April 1977 by means of the present writ petition in this Court.
Learned Counsel for the Petitioners has urged that the appellate order dated 29th April, 1977, passed under Section 22 of the Act is wholly an arbitrary order. No reasons have been given for holding that the need of the Petitioners was not genuine and neither any evidence has been considered by the appellate court.

(3.)IN the entire judgment of the District Judge except the last paragraph the effect of Explanation (iv) of Section 21 of the Act has been considered.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.