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ASHUTOSH SRIVASTAVA
Usman – Appellant
Versus
Rajeshwari – Respondent
JUDGMENT :
ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Lalit Kumar, learned counsel for the tenant/petitioner and Smt. Shreya Gupta learned counsel appearing for the landlord/respondent.
2. This petition under Article 227 of the Constitution of India at the instance of the tenant has been filed questioning the judgment and order dated 09.11.2023 passed by the Additional District Judge, Court No. 1, Hathras in UPUB Appeal No. 01 of 2021 whereby and whereunder the Appeal of the Tenant/petitioner has been rejected and the judgment and order of the Prescribed Authority dated 06.04.2021 allowing the application of the respondents/landlords under Section 21(1)(a) of the UP Act No. 13 of 1972 has been upheld.
3. The facts necessary for adjudication of the lis between the parties briefly stated are that the landlord/respondents instituted a P.A. Case being P.A. Case No. 13 of 2014 under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 setting up a bona fide need for the shop situate in Gali Kaunjdan Punjabi Market, Hathras under the tenancy of the petitioner. It was stated that the release was sought on the ground that the respondent no. 2 is an Advocate by profession and requires the shop for setti
The court affirmed that the tenant's failure to contest the landlord's bona fide need led to an adverse inference, emphasizing the limited scope of judicial review under Article 227.
Proceedings for release of building under occupation of tenant - It is well settled that power under Article 227/226 is of judicial superintendence which cannot be used to up-set conclusions of facts....
High Court under Article 227 set aside appellate reversal of rent control eviction order, holding it perverse for reappreciating evidence on landlord's bona fide ground floor shop need post-retiremen....
Under Article 227, supervisory jurisdiction limits interference with concurrent findings on bona fide need and comparative hardship unless perverse or jurisdictional error; landlord best judge of sui....
The bona fide need of a landlord to evict tenants for an adult family member's independent business cannot be denied based solely on tenant longevity; evidence of genuine necessity must be considered....
The landlord is the best judge of his requirement and the tenant cannot dictate the landlord as to how and in what manner he should live. The availability of other vacant shops, as pleaded by the ten....
The landlord's bona fide need for premises cannot be questioned by the tenant regarding alternative accommodation; the landlord is the sole arbiter of his needs.
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