ABDUL MUQTADIR Vs. PRATAP NARAIN TANDON

JUDGEMENT

(1.) Heard learned Counsel for the parties. This petition is directed against an order dated 17th December, 2005 passed by the appellate authority modifying the judgment of the prescribed authority and release only a portion of the disputed shop in favour of the petitioner landlord.

(2.) The petitioner-landlord filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') before the prescribed authority which was registered as P.A. Case No. 22 of 1994 inter alia stating that the contesting respondent is a tenant of the disputed shop at Rs. 500/- per month and the same was let out in July, 1977 while the petitioner was a student. After completing his education, he searched for a suitable job in vain and therefore, he requested the respondent-tenant to vacate the disputed shop as he wanted to start a business of establishing photocopy machine and a public call office in the disputed shop for which he had already arranged for a loan, but despite the undertaking to vacate it in a year's time, he did not vacate it and therefore, the release application was filed in December, 1994 and he had also defaulted in payment of rent since January, 1992.

(3.) The respondent-tenant filed his objections in August, 1998 inter alia stating that the shop in dispute was at a monthly rent of Rs. 200/- per month and the petitioner is engaged in the profession of astrology and he is running his footwear business from the disputed premises and he had other shops which had been let out during pendency of the application.