ASHOK KUMAR Vs. SITA RAM

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the tenants of the shop room No. R/ 67 (New No. R/50) located in the Mohalla Rasoolpur, Nawab Ganj, District Barabanki, Uttar Pradesh. Sita Ram alias Nand Kishore, the respondent is the landlord of the said property. On the petition filed by the respondent on 28-1-1988 for eviction of the appellants and release of the premises under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13 of 1972) (hereinafter referred to as 'the Act') P.A. No. 2/1988 was registered in the Court of IInd Additional Chief Judicial Magistrate/Prescribed Authority, Barabanki. The case of the respondent shortly stated was that he was in bona fide need of the shop room in question for establishing his son Dilip Kumar in business, being his father and the Karta of the family it was his duty to provide necessary facilities to his son to start independent business. The appellants entered contest, refuted the averments/allegations made by the respondent in the eviction petition. They denied that the respondent had any bona fide need for the shop room in question. According to them the respondent had a number of other premises, some of which he let out to other shortly before filing the eviction petition in 1987.

(3.) The prescribed authority on sifting the evidence on record accepted the case of the respondent that he was in bona fide need of the shop room in question, and allowed the prayer for release of the premises and ordered eviction of the appellants therefrom. He also ordered payment of an amount equivalent to two years rental as compensation for indemnifying the appellants for the inconvenience faced by them in shifting their business.