GIRDHARI LAL AND COMPANY Vs. MEERA RANI GUPTA

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) THE application dated 17.3.2007 was filed by landlady Smt. Meera Rani under section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act No. 13 of 1972) for release of shop in dispute on the ground of personal need of her son. The allegation in the release application was that the tenant is not running the shop in dispute and has closed his business of railway ticket booking agency from the shop in dispute as far back as in 1990; that thereafter he has sublet portions of the shop in dispute to various persons. The release application was registered as P.A. Case No. 9 of 2009 in the Court of Civil Judge (junior Division), Firozabad. The petitioner contested the release application by filing written statement denying the plaint allegations. The case setup by him was that shop in question was not closed and that the tenant is running his own business therein. It was also averred that the need of the landlord is not bona fide and her son is running several businesses in different shops in the city and that the landlady has several other shops in which she can adjust her son.

(3.) ON behalf of the tenants/petitioners, affidavits of (1) Vinay Kumar Srivastava, (2) Umesh Chandra Bansal, (3) Kamal Singh, (4) Sarvesh Chandra, (5) Lavkesh Kumar were filed.