GOVIND PRASAD Vs. ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) PETITIONER before this Court is the tenant of premises bearing House No. 4/132/1. He is aggrieved by the order passed by the Prescribed Authority/Judge, Small Causes Court passed in P.A. Case No. 32 of 2005 dated 30.07.2008 wherein the release application of the landlord under Section 21(1)A of the Act No. 13 of 1972 has been allowed. The appeal filed against the said order being Rent Appeal No. 119 of 2009 has also been dismissed by the Additional DJ vide judgment and order dated 21.01.2011 after affirming the findings recorded by the Prescribed Authority. Both the authorities under the Rent Control Act have arrived at a conclusion that the need of the landlord was bona fide and further that he had no other shop available with him for establishing the grandson for whom the need had been set up.

(2.) ON behalf of the petitioner, initially an attempt was made to contend that the landlord had no other accommodation available with him was a perverse finding inasmuch as the landlord has eight shops available with him at Indira Market, Daresi, Agra which were lying vacant. Taking into consideration such serious objections to the findings recorded by the authorities under the Rent Control Act, this Court appointed a Court Commissioner to visit Indira Market, Daresi, Agra and to submit his spot inspection report. The Court Commissioner, after spot inspection, has submitted a report categorically stating that absolutely no other shop is in vacant possession of the landlord/ or establishing his grandson. Various flimsy objections have been raised to the report of the Court Commissioner which has no substance.

(3.) THIS Court finds no good ground to interfere with the orders passed. Writ petition lacks merit and is accordingly dismissed. At this stage, counsel for the petitioner submits that some reasonable time may be granted to vacate the premises.