KISHAN LAL Vs. VIIITH ADJ, MORADABAD AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order of the Prescribed Authority dated 17.3.1986 releasing the disputed shop in favour of the landlord-respondent and the order of the Appellate Authority dated 23.4.1987 affirming the said order in appeal.

(2.) Briefly stated the facts are that respondent No. 3 filed application for release of the disputed shop against the petitioner with the allegations that he has three sons, namely, Rakesh Kumar, Dr. Mukesh Kumar and Dinesh Kumar. His eldest son Rakesh Kumar is carrying on business along with him and his third son Dinesh Kumar is a student. His second son, Mukesh Kumar, has passed B.M.S. examination in Homeopathy. He requires two shops having an area of 8'x16'. He requires one shop for clinic. The petitioner contested the application and alleged that respondent No. 3 is already carrying on business and has a medical shop and he can adjust himself in that shop. It was further suggested that the respondent No. 3 has other alternative accommodation and if there was any need he can do business in that accommodation. The Prescribed Authority found that there is no other suitable accommodation for carrying on business by the landlord-respondent. The release application was allowed. The petitioner preferred an appeal and the appeal was dismissed by the impugned order dated 23.4.1987.

(3.) I have heard Sri C.P. Srivastava, learned Counsel for the petitioner and Sri Rajesh Tandon, learned Counsel for the respondent.