RAJESH KUMAR BATRA Vs. AJIJ ALAM

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The respondent has filed release application under Section 21 (1) (a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of the petitioner from a shop situated at Mohalla Jatepur Dharmshala Bajar, Tehsil Sadar, District Gorakhpur. The needs set up by the landlord is that his wife is running Nursery English Medium School for Class-I to VIII in the name of Ajnam Samfran Academy. The wife of the respondent is Principal of the school and the petitioner is Manager of the said school. It is further stated that the son of the respondent is running a software business. The petitioner is not in employment and he wants to establish stationery shop in the said shop to augment income of the family.

(3.) The release application has been contested by the petitioner contending therein that the house of the petitioner is situated in Mohalla Jatepur Dakshini Dharamshala Bazar, Gorakhpur and also ten thousand square feet land is lying vacant near his house. The wife of respondent is running Ajnam Samfran Academy imparting education from Class-I to VIII, and 700 to 800 students are enrolled in the said school and fees of one student is about Rs. 1500/-. Thus earning of the plaintiff is about 8 to 10 lakh, therefore, bona fide needs set up by the respondents is not genuine.