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1976 Supreme(SC) 393

A.C.GUPTA, P.N.BHAGWATI, P.N.SHINGHAL
Girdhar Das: Chandra Kumar Shah – Appellant
Versus
District Judge, Varanasi: Girdhar Das – Respondent


Judgment

BHAGWATI, J.:- Respondents Nos. 3 & 4 made an application to the Prescribed Authority for release of certain premises which were in the occupation of the appellants as tenants. The ground on which the application for release was made was that respondents 3 & 4 bona fide required the premises for the purpose of their own use and occupation under Sec. 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The Prescribed Authority took the view that the bona fide requirement of respondents 3 and 4 was established and that greater hardship would be caused to respondents 3 & 4 if an order of eviction was refused than what would be caused to the appellants if an order of eviction was passed. On this view, the Prescribed Authority passed an order of eviction against the appellants. The appellants preferred an appeal to the District Judge, Varanasi. The learned District Judge found in favour of respondents 3 & 4 on the question of bona fide reqrirement of the premises but so far as the question of greater hardship was concerned, the learned District Judge held that greater hardship would be caused to the appellants by passing an order of evict






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