DEEP NOVELTIES Vs. BALJINDER SINGH

JUDGEMENT

(1.) This is a tenant's writ petition, which is arising out of the concurrent judgements, which had been rendered by both the Courts below, while considering the application which was filed by the landlord/respondent for release of the tenant, by invoking the provisions contained, under Sec. 21(1)(a) of the Act No. 13 of 1972, whereby the respondent/landlord had sought the release of the tenement shop in dispute, in order to meet out his personal need of expansion of his business and further in order to augment his income so as to enable him, to meet out his family liabilities.

(2.) The release application, which was instituted by the respondent/landlord on 9/9/2015, and was numbered as PA Case No. 31 of 2015, had more particularly, described the tenement shop in question at the foot of the release application, which is referred to hereunder:-

(3.) In the release application, being thus filed by the respondent/landlord on 9/9/2015, the landlord/respondent has come up with the case, that the disputed shop in question was being occupied by the petitioner/tenant in the capacity of a tenant, and the rent, which was payable for the same was at the rate of Rs.400.00 per month, for the user of the property and which included the payment of taxes and other municipal dues, which fell due to be paid towards the disputed tenement. The fact, which was pleaded by the respondent/landlord in the release application, and which remained un-rebutted by the petitioner/tenant, was to the effect that there exists and existed a relationship of the landlord and tenant between them and the tenement in question it constituting to be the part of an old existing construction, which is lying within the municipal area of Nagar Nigam, Dehradun and the provisions of Act No. 13 of 1972 are applicable. These facts are not and were never disputed by the petitioner/tenant.