Judgment

V.N. Khare, J.-The appellant herein is the landlord of the premises in dispute. The premises consists of ground floor and first floor. The respondent-tenant is in occupation of the said premises. The ground floor of the premises is being used by the tenant for non-residential purposes, whereas the first floor is being used for residential pur­pose. The appellant-landlord filed an application before the Pre­scribed Authority, Varanasi, for eviction of the respondent-tenant on the ground that he required the premises for his bona fide need. In the said application, the landlord also took a plea that the son of respondent-tenant who was ordinarily residing with him has constructed a residential premises in the city of Varanasi, and as such under explanation (i) to fourth proviso of sub-section (1) of Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the ‘Act’), the tenant besides being debarred from contesting the application, his need has to be presumed bona fide. A written statement was filed by the respondent tenant wherein the allegations made in the application were denied. The Prescribed Authority took t