SITA RAM NIKHRA Vs. DHIRENDRA PRATAP GAUR

JUDGEMENT

(1.) This writ petition has been filed against the concurrent judgment and orders dated 5.5.2010 and 25.11.2010 passed by the prescribed authority/Judge Small Cause, Jhansi and Additional District Judge, Special Judge (E.C. Act), Jhansi respectively whereby the release application of the landlord filed under section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short 'the U.P. Act No. 13 of 1972') has been allowed. The brief facts of the case are as follows;

(2.) The petitioner, Sitaram Nikhra was the tenant of the disputed Shop situated at. Mohini Baba, outside Sainyer Gate, Jhansi (In short 'the disputed shop'). The total area of the house is 325 sq. ft. which was purchased by the landlord in 1988. The ground floor portion of the house is divided into two shops; one shop is under the tenancy of the petitioner-tenant and the other shop (in short "adjoining shop") is in the possession of the landlord. The family of the landlord consists of his wife, three sons and three daughters. Since the landlord wanted to settle his unemployed high-school failed elder son Atul Chaurasia, aged 24 years in business, he filed a release application under section 21 of the U.P. Act No. 13 of 1972.

(3.) The petitioner filed his written statement/objections, wherein inter alia, it was stated that there are two shops in the ground floor of the disputed property; one shop is under the tenancy of the petitioner and the other shop is in a vacant state, in possession of the landlord, who is running a Pan shop in front of the vacant shop over chabutra, therefore, the adjoining shop was available to the landlord in a vacant state which can be used by his son who is already carrying on the business of manufacturing and repairing of inverters and batteries.