JAGDISH ATTRI Vs. GHANSHYAM ARORA

JUDGEMENT

(1.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the impugned order dated 16-1-2009 passed by Prescribed Authority/Civil Judge (S.D.) Haridwar in P.A. Case No. 1/2006, Smt. Bimla Rani vs. Jagidsh as well as the judgment and order dated 31-1-2012 passed by Addl. District Judge/3rd F.T.C. Haridwar in Rent Control Appeal No. 27/2009 Jagdish Attri vs. Smt. Bimla Rani and others, contained in Annexure Nos. 6 and 8 respectively to the writ petition.

(2.) Brief facts of the case giving rise to this writ petition are that Smt. Bimla Rani mother of respondent Ghanshyam Arora filed release application U/S 21 (1)(a) of U.P. Act No. 13 of 1972 against petitioner-tenant on the ground that she is landlady of premises in question and Jagdish Attri (petitioner) is the tenant in the said premises. Her family consists of her husband and two sons. Her son Ghanshyam is married and has a daughter also, whereas another son is Bhupendra. Both sons are unemployed and they want to open their own business. It is alleged by the applicant that in the shop adjacent to the disputed shop, the landlady runs the shop of garments in the name and style of M/s Raja Garments and elder son Ghanshyam helps her in the said shop but younger son Bhupendra is not engaged in any work. It is also alleged in the release application that she owns total three shops, in one shop her husband runs the shop, in the second shop she runs the business of Raja Garments and the third shop is shop in dispute which is in the tenancy of opposite-party- petitioner.

(3.) It is also alleged that the tenant is a prosperous man and he does the work of Panditai and he has a room for this work at Haridwar. Besides this he has a big house consisting of 14 rooms at Milkiyati Mohalla Shivpura Kankhal and he also owns a lodge at Ramghat Haridwar and he has no bonafide need of shop in dispute whereas the applicant has bonafide need of the shop in question to open the business of her sons.