PRATIBHA PAL Vs. RAJESH KUMAR MITTAL

JUDGEMENT

(1.) This writ petition has been filed to set aside the impugned judgment and order dated 02.05.2012 passed by learned Prescribed Authority/Civil Judge (J.D.) Kashipur in Rent Control Case No.02 of 2010 Rajesh Kumar Mittal v. Smt. Pratibha Pal and the judgment and order dated 02.01.2014 passed by learned Additional District Judge Kashipur, District Udham Singh Nagar in Rent Control Appeal No.03 of 2012.

(2.) Brief facts of the case are that respondent filed a release application under Section 21(1)(a) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act (for short, the Act) stating that the respondent is the landlord of the shop in dispute in which petitioner/opposite party is tenant @ Rs.350/- per month. It was also alleged in the application by the landlord that the shop in question is required for his wife Smt. Charu Mittal to run her business of Boutique. It was also alleged that in the shop in question the petitioner is running a clinic after the death of her husband and earlier to that her husband was the tenant in the said shop and running the clinic. It was also stated by the landlord/respondent that his family consists of himself, his wife Smt. Charu and two school going children and the landlord/respondent is employee in the shop of his brother at a salary of Rs.5,000/- per month.

(3.) The petitioner/tenant resisted the release application by filing written statement/objection and stated that the landlord/respondent is not an employee in his brother's shop. He is an active partner with his two brothers, hence the need of the shop is not genuine and bonafide.