SHIV SINGH CHAK Vs. BABY JAIN

JUDGEMENT

(1.) Leave granted. Heard learned counsel.

(2.) The respondent is the landlord and appellant is the tenant in regard to the petition schedule shop (shop for short) situated at Tundla, District Firozabad. The respondent filed an eviction petition before the Prescribed Authority, alleging that she had let out the shop when she and her family was living at Etah, that her family had subsequently shifted to Tundla and that she required the shop for her husband to carry on his business in motor parts. She further alleged that the appellant owned and possessed several shops near to the schedule shop, but had not vacated the shop belonging to her, and that he will not be put to any hardship if he is evicted as he could conveniently shift and occupy his own shop.

(3.) The appellant herein resisted the said petition. After considering the evidence, the Prescribed Authority, by judgment dated 14-3-2002, allowed the eviction petition under section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act for short). The appeal filed by the appellant was dismissed by the Appellate Authority by judgment dated 13-1-2006. The writ petition filed by the appellant before the High Court of Allahabad, challenging the order of the Appellate Authority was also dismissed by the order under appeal dated 28-10-2006.