ABRAR AHMAD Vs. JOGENDRA SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the Counsel for the respondent caveator. This petition is directed against concurrent orders dated 9.10.2009 and 20.4.2010 by which the release application filed by the respondent landlord against the petitioner tenant has been allowed by both the Courts below.

(2.) The respondent landlord filed a release application under section 21(1)(a) of U.P. Act No. 13 of 1972 with the allegation that the petitioner was a tenant of the disputed shop at Rs. 600/- per month adjacent to which the landlord was running a medical store by the name of "Parvind Medical Store" for carrying out his business of medicines. It was further stated that his business had increased manifold and thus it became impossible to run his business from the small shop and therefore he needed the disputed shop which is adjacent to his existing shop and after removing the intervening walls, he would enlarge his shop. It was further stated that the petitioner was not doing any permanent business from the disputed premises and if his application is rejected, he would suffer greater hardship.

(3.) The petitioner tenant contested the application admitting tenancy but denying the need and stating that he is carrying out his electric repair business from the disputed shop which is the only source of livelihood and that the building was constructed after 1985 and therefore, the Act was not applicable.