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Iqbal Husain v. A.D.J. & Others - WRIT - A No. 12552 of 1985 [2005] RD-AH 6480 (28 November 2005)


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Civil Misc.W. P. No.12552 of 1985

Hon'ble Vikram Nath, J.

This landlord's writ petition has been filed against the concurrent judgment of the Prescribed Authority, and the Appellate Authority holding that the need setup by the landlord is not bonafide and dismissing the release application under section 21(1)(a) of the U.P.Act No. 13 of 1972

I have herd Sri Anand Tiwari Advocate holding brief of Dr. R.G.Padia, learned counsel for the petitioner. Both the Courts below had held that the plea set up by the landlord on the ground that he is a heart patient and therefore, he required ground floor accommodation from the tenant respondent no.3 to be not correct and established. Further it has been observed after appraisal of evidence that the landlord during the pendency of petition had got possession of another ground floor portion having been vacated from the tenancy of Mohd. Arif but he surreptitiously let it out to Riaj Ahmad and did not continue to occupy it for personal need. Both the findings being are based on material on record after appraisal of the evidence. Learned counsel for the petitioner has failed to point out any illegality or any error in the impugned judgment. Petition being concluded by concurrent findings of fact is accordingly dismissed.




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