Hon’ble Rajesh Tandon, J.

Heard Mr. Ramji Srivastava, Advocate for the petitioner and Mr. Alok Singh, Senior Advocate for the respondent.

Factual Matrix of the Case

2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned order dated 18.10.2003 passed by the Addl. District Judge / IIIrd Fast Track Court, Dehradun (Appellate Authority) by which R.C.A. No. 87 of 1998 has been allowed releasing the accommodation in dispute in favour of the landlord (respondent). Prescribed Authority, vide judgment dated 12.05.1998, dismissed the release application of the landlord and the Appellate Court, on an appeal filed by landlord, set aside the judgment passed by the Prescribed Authority and allowed the release application.

Bonafide Need

3. Briefly stated, the respondent has filed a release application under Section 21(1) (a) of U.P. Act No. 13 of 1972, which was registered as P.A. Case No. 62 of 1997 praying for the release of the residential premises, under the tenancy of petitioner, situated at 30 Dilaram Bazar, Dehradun.

4. According to the case of the respondent (landlord), the petitioner is the tenant of the said premises at the rate