RAIS AHMAD Vs. HAZI WALI MOHAMMAD

JUDGEMENT

(1.) Present petition is preferred under Article 227 of the Constitution of India, assailing the judgment and order dated 11.12.2012, passed by 1st Additional District Judge, Dehradun in Rent Control Appeal No. 156 of 2006, whereby the appeal filed by the original landlord Hazi Wali Mohammad was allowed, releasing the shop, in question, in favour of the landlord under Section 21 (1) (a) of U.P. Rent Act No. 13 of 1972, on the ground that shop, in question, is required by the landlord to establish his unemployed sons therein, directing the tenant/petitioner, herein, to handover the peaceful vacant possession of the shop, in question, to the landlord within thirty days from the date of judgment.

(2.) Brief facts of the present case, inter alia, are that landlord Hazi Wali Mohammad has preferred PA Case No. 69 of 2005, Hazi Wali Mohammad Vs. Rais Ahmad, in the Court of Prescribed Authority/1st Additional Civil Judge (Sr. Div.) Dehradun under Section 21 (1) (a) of U.P. Rent Act No. 13 of 1972, seeking release of the shop, in question, in favour of the landlord to establish his three unemployed sons therein, with the contention that landlord/ applicant himself was running Dhaba in Shop No. 24/25 Nayanagar, Gandhi Road, Dehradun; applicant is landlord and owner of shop, in question, which is in the tenancy of the OP No. 1/ petitioner, herein; landlord has four major sons namely Abdul Malik, Abdul Khalid, Abdul Raziq and Abdul Sadiq; Abdul Raziq was running Dhaba in the Shop No. 22, Gandhi Road, Dehradun, while his three other sons namely Abdul Malik, Abdul Khalid and Abdul Sadiq are major and unemployed, therefore, his all three unemployed sons namely Abdul Malik, Abdul Khalid and Abdul Sadiq would establish their blacksmith/welding business in the shop, in question, after getting it vacated from the tenant, so that all the three unemployed sons may earn their independent livelihood.

(3.) Release application was hotly contested by the tenant/petitioner, herein, stating therein that Abdul Malik one major son of the applicant/landlord is not an unemployed youth as he is running his independent business in Shop No. 23, Gandhi Road, Dehradun as allottee from Nagar Nigam. It was further contended that the landlord had absolutely no need to establish his other two sons Abdul Khalid and Abdul Sadiq in the shop in question.