MUKESH CHANDRA AGARWAL Vs. KAMLESH JAIN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-tenant for quashing the order dated 16.3.2019 passed by Judge, Small Cause Court, Jhansi in P.A. No. 52 of 2018 (Smt. Kamlesh Jain Vs. Mukesh Chandra Agarwal) by which the application filed by the petitioner-tenant under Section 10 (c) was rejected on the ground that the petitioner-tenant is adopting delay tactics.

(2.) Brief facts of the case is that the petitioner is tenant of Shop No. 45/1 A and 45/2 A situated at Jawahar Chowk Manik Chowk, Jhansi. The respondent-landlord has filed an application under Section 21 (1) (a) of UP Act No. 13 of 1972 (herein after referred to 'Act 1972') for releasing the aforesaid shop in question on the ground of bona fide need. The said release application was contested by the petitioner-tenant. The petitioner-tenant has filed written statement in which the petitioner-tenant has stated that the landlord-respondent has available two other vacant shops in the same building and if there is any bonafide need then same can be fulfilled from the other two vacant shops. Thereafter the petitioner-tenant filed an application under Section 10 (c) of the Act, 1972 which was rejected by the prescribed authority/ Judge Small Causes Court on the ground that the petitioner-tenant is adopting delay tactics.

(3.) The counsel for the petitioner-tenant submits that the application filed by the petitioner-tenant has been rejected without looking into the facts as well merits of the case and without considering the prayer made therein. It is further submitted that the landlord had two other vacant shops available with him but instead of utilizing those shops the landlord-respondent is trying to release the shop related to the petitioner-tenant.