KRISHNA CHANDRA VERMA Vs. RAM GOPAL

JUDGEMENT

(1.) Heard learned Counsel for the parties. This petition by the landlord is directed against an appellate order dated 21.2.2000 by which the order of the Trial Court allowing" the release application of the petitioner has been set aside and the release application has been rejected.

(2.) The petitioner landlord filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972 (herein after referred to as the 'Act') for release of the disputed shop in his favour on the ground that he has retired from service and thus needs the disputed shop to engage himself in the business of electric goods for which he has financial capability. It was also pleaded that this would consequently increase his income. Further it was pleaded that the respondent tenant was very old and virtually was doing no business from the disputed shop. In the application it was stated that the respondent has a huge house No. 83/152 at Paranpurwa in Kanpur Nagar itself where he could carry out his business and in case of rejection of his application, he would suffer greater hardship.

(3.) The tenant respondent filed his objection inter alia with the allegation that after retirement the petitioner has no necessity of the disputed shop and he has not disclosed his monthly income. It was further pleaded that he was running the disputed shop with the help of his two sons where he has been a tenant for the last more than 40 years. It was further pleaded that there were other tenants also but he was singled out for release.