VIMAL KUMAR Vs. RAM SHREE GUPTA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondent-caveator. This petition by the tenant is directed against concurrent orders dated 22.3.2010 and 15.6.2010 by which both the Courts below have allowed the release application.

(2.) It appears that Shiv Prakash, the father of the respondent-landlord, filed a release application which was registered as P.A. Case No. 1 of 2004 inter alia with the allegation that Bhawani Prasad, father of the petitioner, was the original tenant of the disputed shop at the rate of Rs. 50/- per month and after his death, the petitioner being his legal heir inherited the tenancy of the shop in dispute. It was further alleged that the family of the landlord was very large and nearly all the members are doing their own business but the applicant who was helping his brother in his business, has been asked to start his own business. Due to family partition, except the disputed shop, he had no other place. However, during the pendency of the release application, Shiv Prakash Gupta died survived by his wife, four daughters and a minor son who set up a case that she wanted to start a business of selling bangles from the disputed shop as she has no other source of income and she has to take care of the family.

(3.) The tenant contested the application, inter alia with the allegation that the landlords had three shops in Sadar Bazar and in fact, they had sold three shops in 2004 itself which showed that they had no genuine need. It was further asserted that the landlord has a huge house with appurtenant land where she can open a shop.