HARI RAM AGRAWAL Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Appellate Authority dated 3.1.1994 whereby the appeal was allowed and the application for release filed by the petitioner was rejected.

(2.) THE respondent is a tenant of the disputed premises. The petitioner filed application for release on the ground that he requires the disputed shop for carrying on cloth business. The application was contested by the tenant- respondent. The Prescribed Authority allowed the application on 24.11.1992. Respondent No. 1 filed an appeal against this order. The appeal has been allowed on 3.1.1994 by respondent No. 2 and the release application has been rejected.

(3.) THE Appellate Authority in paragraph 10 has taken the view that the petitioner is a very old man and it was not disclosed as to whether Rahul has passed any examination and interested in carrying on the business. The version of the petitioner was that Rahul will assist in the business. The mere fact that the petitioner was an old man does not itself make a ground to reject the application when his case is that Rahul, his grandson, will assist him. The Appellate Authority has to examine as to whether his grandson Rahul will assist him in business or not even if he had obtained certain educational qualification.