DWARIKA PRASAD Vs. IIND ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order of the prescribed authority dated 9-1-1997 allowing the release application filed by the landlord-respondent and the order of the appellate authority dated 10-5- 1999 dismissing the appeal against the aforesaid order.

(2.) BRIEFLY stated the facts are that respondent No. 3 filed an application for release of the disputed shop under Section 21 (1) (a) of U. P. Act No. 13 of 1972 with allegations that he has been running a Dal Mill under the name and style of M/s. Babulal Mathura Prasad Dal Mill which is a partnership business and the Mill is situated in premises No. 291/1, Muthiganj, Allahabad. The other partnership firm in which he is the partner is Prakash Dal Mill situated in house No. 2914, Muthiganj, Allahabad. He is only a partner and has some share in the said business. He wants to carry on independent business. He has also two sons. The petitioaer is a tenant of shop No. 292, Muthiganj, Allahabad. It was alleged that he would carry on business with his sons in the disputed shop.

(3.) THE learned counsel for the petitioner has assailed the finding on the question of bona fide need recorded by the authorities below. I have perused the im pugned orders. It has been found that respondent No. 3 has only share in some other business. He requires the disputed shop to carry on independent business and his two sons also require the disputed shop to carry on business. I do not find this finding suffers from error of law.