RAMESHWARI MENDOLA Vs. DURGA PRASAD

JUDGEMENT

(1.) The petitioner before this Court is a landlord of the tenement, which has been more particularly described in the body of the release application filed by the petitioner on 28.02.2014, which was preferred by the predecessor of the petitioners by invoking the proceedings as contained under Section 21 (1) (a) by filing the same before the prescribed authority on 28.02.2014, whereby, as per the description given in the release application the property is shown to have been situated at Patel Marg/ Red Cross Road, Kotdwar, Garhwal, which is shown to be bounded by the chauhaddi as given in paragraph 1 of the release application, which is as follows:

(2.) The landlord/applicant had specifically come up with the case that he is a retired army personnel and is unemployed when he filed the application for release and he wants himself to be profitably engaged by running a business by opening a grocery shop, which was to be operated by the landlord/applicant along with his daughter-in-law. The need as expressed therein was with an intention to augment the income of the family by getting the release of the shop, which was admittedly given to the respondent under his tenancy and the shop was bearing a rent of Rs. 400/- per month. Thus, between the landlord/applicant/petitioner and the respondent/opposite party, there existed relationship of landlord and tenant, which is a fact, which is admitted between the parties.

(3.) In response to the release application a written statement was filed by the respondent/tenant, wherein, he has admitted the existence of relationship of landlord and tenant, but, however, while giving response to the pleading raised by the applicant landlord and the predecessors of the present petitioners to the effect that he is an ex-army personnel, the said fact stands admitted by the respondent/tenant in the pleadings as raised by him in paragraph 1, 21, 24 and 25 of the written statement.