G C KAPOOR Vs. NAND KUMAR BHASIN

JUDGEMENT

(1.) This appeal by special leave, arises from the judgment of the High Court of Allahabad, Lucknow Bench dated January 12, 1998 passed in Writ Petition No. 02 (RC) /1998. By the impugned Judgment the High Court dismissed the writ petition filed by the landlord.

(2.) The suit premises was let out by the appellant to the contesting respondent No. 1 and at that time his son Rohit was a minor. In the year 1992, Rohit obtained a post-graduate diploma in computer science and thereafter the appellant filed an application under clause (a) of sub-section (1) of Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'the Act') for the eviction of the respondent from that suit premises on the ground that it was required bona fide for starting a computer consult-ancy centre as Rohit acquired necessary qualification and was unemployed. It was contended that the appellant has no other alternative accommodation. It was further pleaded that other portion of the building, which was let out to M/s. J.K. Industries would also be required for the above purpose, as the total requirement of space for starting such a centre was 2000 sq. ft. and an eviction petition was also filed against M/s. J.K. Industries. It may be stated that said M/s. J.K. Industries has vacated that portion of the building and is now available to the appellant.

(3.) The contesting respondent opposed the application inter alia on the grounds that (1) neither the appellant nor his son has sufficient resources to set up such a centre, (2) the suit premises is neither suitable nor sufficient for the above purpose and (3) that it is only a dream of the appellant to start the computer consultancy centre. It was averred that respondent No. 1 has got dealership of tractors, motorcycles and scooters and the suit premises have all along been used for the said business purpose. As the suit premises eminently situated at the market place, the contesting respondent will suffer irreparable loss and hardship in case of eviction.