MAHESH CHANDRA SHAH Vs. HARISH CHANDRA JOSHI

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed to quash the judgment and order dtd. 24/8/2021 passed by the learned District Judge, Almora in Rent Control Appeal No.04 of 2020, titled as "Harish Chandra vs. Mahesh Chandra Shah", whereby the appeal preferred by the Respondent-tenant under Sec. 22 of the U.P. Act No.13 of 1972 has been allowed, and the judgment dtd. 18/2/2020 passed by the learned Prescribed Authority releasing the shop in question in favour of the Petitioner-landlord has been set aside, and to consequently dismiss the Appeal No.4 of 2020 filed by the Respondent-tenant.

(2.) The relationship of landlord and tenant between the parties is admitted. The Petitioner is the owner of a shop forming part of "Devi Buildings", L.R. Shah Road, near Milan Chowk, Almora, which is situated on the ground floor in the main market area. The Respondent is a tenant therein at a monthly rent of Rs.1,750.00.

(3.) The Petitioner, after his retirement, instituted a release application under Sec. 21(1)(a) of the Act pleading a bona fide, genuine and pressing need to establish a garment business at his native place, Almora, for sustaining himself and his family.