MOHAR SINGH Vs. DEVI CHARAN

JUDGEMENT

(1.) This appeal, by special leave, is by the landlord preferred against the judgment and order dated 28-3-1980 by the High Court of Judicature at Allahabad in Civil Misc. Writ No. 2280 of 1979* setting aside, at the instance of the first respondent-tenant, the concurrent orders of the Courts below granting possession to the appellant.

(2.) The first respondent was a tenant Of two adjacent shops, under a single lease, obtained from two co-owners Shri Jado Ram and Asha Ram who had respectively 3/8th and 5/8th shares in the property. Appellant, Mohar Singh became the transferee of the 3/8th share of Jadoram. Similarly, Asha Ram 5/8th interest came to be transferred through an. intermediary alienation to a certain Gyan Chand. Pursuant to a decree in a civil suit for partition between Gyan Chand and the appellant, the co-ownership came to an end and towards his share appellant was allotted, and became the exclusive owner of one of the shops. That is the subject-matter of the present proceedings.

(3.) Appellant instituted proceedings for eviction against respondent 1 under S. 21, U.P. Act, XIII of 1972, before the prescribed authority on the ground of his own bona fide need. The prescribed authority ordered release of the premises and made an order granting possession. The appeal preferred by respondent 1 before the District Judge, Muzaffarnagar was dismissed. First respondent then moved the High Court in Writ No. 2280 of 1979. The findings as to the bona fides and reasonableness of the requirement of the appellant stand concluded by the concurrent findings of the statutory authorities. Indeed that was not also the ground on which the order of eviction was assailed before the High Court in the writ petition.