Shashi Kant Gupta, J.—

1. This writ petition has been filed against the judgment and order dated 23.12.2011 passed by Additional District Judge, Court No. 4, Bijnor upholding the order dated 21.05.2010 passed by Prescribed Authority/Civil Judge (J.D), Nageena, Bijnor in P.A. Suit No. 15 of 1987, whereby the release application filed by the respondent-landlord was allowed.

Brief facts of the case are as follows:-

2. An application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short the "Act") was filed by the respondent-landlord on the ground of bonafide and genuine need. It was inter-alia pleaded that the petitioner is a tenant of the disputed shop at the rate of Rs.275/- per month; It was further pleaded that he was carrying cloth business by selling it door to door. While carrying/moving with so much of weight, he became a patient of blood-pressure and was advised by Doctor not to strain himself physically. The petitioner-tenant contested the release application and filed his written statement, wherein he denied and disputed the averments made in the release application.

3. The Trial Court after perusing the material available on record allowed the release application of

Click Here to Read the rest of this document