MAHAVEER PRASAD SHARMA Vs. MOHAMMAD WASIM AND ANOTHER

JUDGEMENT

(1.) Heard Smt. Rama Goel, counsel for Petitioner and Sri Iqbal Ahmad for the caveator and perused the record.

(2.) The facts of the case in a nutshell are that release application had been filed by the landlord in respect of a shop located at Mohalla Dhariya, Gokuldas Road, district Moradabad with averments that the Petitioner is a tenant of the shop in dispute @ Rs. 61 per month ; that there are four sons and two daughters in the family of the landlord and as such the accommodation with him was not sufficient for eight members of his family. The release application was contested by the tenant inter alia on the ground that there are a number of shops with the landlord and he can establish his sons in those shops. It was stated that the need of the landlord was not bona fide and the tenant, if evicted from the shop in dispute, would suffer greater hardship than the landlord in the circumstances stated in the written statement.

(3.) The Prescribed Authority vide his judgment and order dated 14.10.2008 allowed the release application of the landlord holding his bona fide need and comparatively greater hardship. While allowing the release application, the prescribed authority also noted the fact that Petitioner has a commercial plot with shop constructed over it and that he had concealed these facts. When the sale deed of the plot executed by the tenant was brought on record, a plea was taken that he had sold the said plot for the purpose of paying his medical expenses, which he incurred in his treatment.