RASHID AHMAD Vs. SPL JUDGE ADJ MEERUT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition by the tenant is directed against an order dated 1.12.1995 by which the appellate court has allowed the release application filed by the respondent landlord.

(3.) Barkat Ram, owner and landlord of shop No. 200 situated in property No. 70 in Valley Bazar in Meerut filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 which was registered as P.A. Case No. 11 of 1992. It was alleged in the application that the petitioner was a tenant of the disputed shop at Rs. 500/- per month and was engaged in selling cloth and wool in different weekly markets at different places in Meerut which was his main source of income. It was stated that the shop was let out when his sons were minor and now all the four sons have become major and all of them are married. The two elder sons are employed while the third is a Doctor but his 4th son Vipin Kumar had been helping the landlord in running his clothing business. It was further stated that the Vipin Kumar had strained relations with his mother and since the business in which he was helping was not very profitable, he wants to settle his unmarried son in business of his own for which he required the disputed shop. It was further stated that several shops in that very market were available and the tenant could obtain any shop for him from which he could carry on with his roaming business.