IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Sirajuddin Khan – Appellant
Versus
Laxmichand – Respondent
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Bhavesh Singh, holding brief of Sri Arvind Srivastava, learned counsel for the petitioner and Sri Jitendra Pal Singh, learned counsel appearing for the respondent.
2. This petition under Article 227 of the Constitution of India has been filed challenging the judgment and order dated 21.12.2022 passed by the Prescribed Authority/Civil Judge (Junior Division), Najibabad, District Bijnor in P.A. Case No. 1 of 2014, instituted under Section 21(1) (a) of U.P. Act No. 13 of 1972, whereby the release application filed by the respondent-landlord in respect of a shop situated at Bazar Kalluganj, Kasba and Tehsil Najibabad, District Bijnor, was allowed and the requirement of the landlord was held to be bona fide. Challenge has also been made to the appellate judgment and order dated 16.01.2026 passed by the Additional District Judge/F.T.C.-II, Bijnor in Rent Control Appeal No. 02 of 2023, whereby the appeal preferred by the petitioner-tenant was dismissed and the findings recorded by the Prescribed Authority on the questions of waiver of the requirement of notice under the proviso to Section 21(1)(a), bona fide requirement and comparative hards
Compliance with the mandatory conditions of Section 21(1)(a) of Act No. 13 of 1972, including the requirement of giving a six-month prior notice to the tenant, is crucial for the maintainability of a....
A tenant waives the right to contest the maintainability of a release application if objections are not raised timely, and the landlord's need for the property is determined to be bona fide.
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