MOHAMMAD WAKI KHAN Vs. LAXMI NARAIN GUPTA

JUDGEMENT

(1.) AN application under section 21(a) of U.P. Act No. 13 of 1972 (in short the "Act") was filed by the respondent -landlord Laxmi Narain Gupta for release of the disputed shop on the ground of bona fide and genuine need of his son Hari Singh. The Prescribed Authority after considering the material on record allowed the said application by order dated 8.9.2009. Thereafter, the petitioner filed an appeal which was registered as Rent Control Appeal No. 26 of 2009, under section 22 of the Act and the same was dismissed on 9.5.2011.

(2.) BOTH the Courts below after perusing the record held that Shop No. 1 is occupied by Pankaj Kumar Gupta, son of Laxmi Narain Gupta, as such it cannot be said that the said shop is vacant. It is further held by the Courts below that Hari Singh is unemployed and have a small piece of agricultural land, as such it cannot be said that his need was not bona fide. The petitioner failed to establish that the respondent No. 3 Hari Singh was gainfully employed or carrying on any business. No cogent material was placed by the petitioner before the Courts below to substantiate his arguments.

(3.) THIS Court under Article 226 of the Constitution of India cannot substitute its own opinion for the opinion of the Courts below, unless it is found that the conclusion drawn by the Lower Court is erroneous being contrary to the mandatory provisions of law or based on inadmissible evidence or arrived at findings without evidence.