LAWS(UTN)-2017-1-17

RAJESH KUMAR Vs. SRI BISHAN KUMAR AND OTHERS

Decided On January 11, 2017
RAJESH KUMAR Appellant
V/S
Sri Bishan Kumar And Others Respondents

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 25.02.2013 rendered by 1st Additional District Judge, Dehradun in Rent Control Appeal No.27 of 2011.

(2.) Learned Advocate appearing on behalf of the petitioner has vehemently argued that the suit property is commercial-cum-residential and landlord/respondent No.1 has also other properties in his possession. Learned 1st Additional District Judge, Dehradun has not taken into consideration the comparative hardship faced by the tenant. Landlord has sufficient alternative property in his possession, requirement of the landlord is not bonafide. Learned counsel for the tenant / petitioner supported the order passed by Prescribed Authority/ Civil Judge (Sr. Div.), Dehradun.

(3.) Learned Advocate appearing on behalf of the landlord/respondent No.1 has supported the judgment passed by 1st Additional District Judge, Dehradun. Suit property was let out for the commercial purpose by the landlord and now the landlord wants to settle his son in the suit property. Petitioner/tenant had not made any effort to find out the alternative accommodation after institution of rent petition.