TARA CHANDRA GUPTA Vs. DINESH CHANDRA GUPTA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the concurrent judgment and orders dated 22.9.2008 and 25.10.2010 passed by Prescribed Authority and Additional District Judge respectively, whereby the application of the respondent filed under section 21 has been allowed. The brief facts of the case are as follows:

(2.) Learned Counsel for the petitioner has submitted that the need of the respondent is neither bona fide nor genuine and the comparative hardship leans in favour of the petitioner. He further submits that the respondent's son is doing the business of P.C.O. in the adjoining house and is also supplying electricity by using Generator to other shopkeepers as such the respondent does not have any bona fide need for setting up his son in any other business. He further submits that the landlord has retired from the Government department and getting pension which is enough to satisfy his need.

(3.) Learned Counsel for the petitioner has further submitted that the petitioner has acquired the goodwill of his business from the said shop and have no other alternative accommodation for doing the business of glass bangles.