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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajit Kumar,J.
Hari Shankar – Appellant
Versus
Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. petitioner challenges the release order under u.p. urban buildings act. (Para 1 , 2 , 3) |
| 2. arguments regarding the bona fide need and business ownership. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's analysis of evidence and justification of bona fide need. (Para 9 , 10 , 11) |
| 4. petition dismissed for lack of merits. (Para 12) |
JUDGMENT :
Ajit Kumar, J.
1. Supplementary affidavit filed by learned counsel appearing for petitioner as well as supplementary affidavit filed by learned counsel appearing for respondent landlord are taken on records.
2. Heard Shri Pankaj Agarwal, learned counsel appearing for petitioner and Ms. Akansha Gaur, learned Advocate appearing for respondent landlord.
3. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the order passed Prescribed Authority granting release in favour of landlord respondent qua demise premises under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (for short ‘Act No. 13 of 1972’) on the point of bona fide need. Petitioner unsuccessfully questioned the order in appeal and, hence, the order passed by the appellate authority dated 18.10.2024
The court affirmed that evidence must be relevant to the current facts of the case, ruling that the landlord's bona fide need for release of premises was valid.
The concept of bona fide need requires a genuine desire for premises, and the landlord's choice of accommodation should be respected by the court.
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.
The main legal point established in the judgment is that the landlord's bona fide need for the shop, the comparative hardship between the landlord and the tenant, and the lack of efforts by the tenan....
Point of law: perusal of the provision, quoted above, shows that the following categories of persons fall within the meaning of landlord : (1) any person for the time being entitled to receive rent i....
The landlord's need for release of premises cannot be dictated by the tenant, and the landlord is the best judge of his need. The court cannot advise the landlord on how to carry out his business or ....
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