SARDAR JASPAL SINGH Vs. KAILASH NATH PANDEY

JUDGEMENT

(1.) Heard Sri Nirvikar Gupta for the Petitioner and Sri A.N. Sinha, Learned Counsel for the Respondent.

(2.) This petition is directed against an appellate order dated 20.4.2009, passed by the Additional District Judge, Kanpur Nagar allowing the Rent Appeal No. 4 of 1994 whereby releasing the disputed premises in favour of the Respondent-landlord.

(3.) The Respondent-landlord filed a Release Application No. 30 of 1990 under Section 21(1) (a) of U.P. Act. No. XIII of 1972 (here-in-after referred to as the Act) inter alia with the allegation that he had purchased the premises No. 107/46, Jawahar Nagar, Kanpur Nagar from its erstwhile owner Smt. Ram Rakhi Kaur through registered sale-deed dated 2.12.1986 where the Petitioner was a tenant of a covered platform, two rooms, a small Varandah and a Kothi on the ground floor at a monthly rent of Rs. 42 apart from taxes. It was further pleaded that the accommodation was initially let out to the Petitioner by the erstwhile owner for residential requirement but subsequently the Petitioner converted it for commercial purposes without consent and permission of the erstwhile owner where he was carrying on a general merchant shop and also installed a grinding machine. It was further pleaded that despite commercial activities, the nature of the residential accommodation would not change. It Was further asserted that he has a family of himself and his wife, younger brothers and their wives and children for which the accommodation in his possession is insufficient and therefore, he needs it for residential purposes. It was also asserted that the Petitioner can run his shop from the premises No. 107/36, Jawahar Nagar, Kanpur which he had acquired.