MADAN LAL AGGARWAL Vs. DISTRICT JUDGE, PAURI GARHWAL

JUDGEMENT

(1.) HEARD Sri Arvind Vashisth, the Learned Counsel for the petitioner, Sri Sudhir Kumar, Brief Holder for the State/respondent no. 1 and Sri B.D. Upadhyay, the Learned Counsel for the respondent no. 2.

(2.) AN application under Section 21(1)(a) In UP. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), was instituted by the landlord in the year 1977, showing his need for the shop in question for himself and for his four sons. The applicant urged that his four sons are unemployed and that they want to start a business, and if the shop is not released, they would suffer irreparable hardship. The tenant resisted the application and contended that the landlord or his sons had no bonafide need, as they were carrying on separate business as contractors and that the application should be rejected.

(3.) THE tenant, being aggrieved, filed an appeal, which was allowed by a judgment dated 13 -4 -1978. The appellate court held that since the landlord had not disclosed the nature of business that he wanted to start, consequently the need was not bonafide. The appellate court not only allowed the appeal, but also set aside the order of the Prescribed Authority and rejected the application of the petitioner for the release of the premises in question.