MOHD ISHAQ Vs. IVTH ADDL DISTRICT JUDGE JALAUN

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 1-12-1999 whereby Respondent No. 1 al lowed the appeal and released the dis puted accommodation in favour of the landlady, Respondent No. 2.

(2.) THE facts, in brief are that Respon dent No. 2 filed an application under Sec tion 21 (l) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (hereinafter referred to as the Act) for the release of the shop in question under the tenancy of the petitioner on the ground that her son Arun Kumar is a Doctor and his wife is also a Doctor. THEy will construct a nursing home after demolition of other shops in cluding the shop of the petitioner. THE application was contested by the petitioner. It was denied that Dr. Arun Kumar requires the disputed shop bona fide for construction of a nursing home and his wife. Both are already doing medical practice in the residential portion of the house and certain constructions have been added near their residential house.

(3.) LEARNED Counsel for the Respon dent No. 2 had raised another issue that the petitioner has other alternative ac commodation and he will not suffer any injury if he is evicted. Considering these submissions, I directed the appellate authority to examine the matter and record a specific finding as to what is the plan to construct the nursing home and place required for it. He was further required to appoint a Commissioner to prepare a map as to whether the petitioner has some space adjoining to the shop in question where hecan carry on business.