KRISHNA KUMAR Vs. MEERA YADAV

JUDGEMENT

(1.) This writ petition is directed against the concurrent judgments and orders dated 5.8.2011 and 7.9.2009 passed by the Additional District Judge/Special Judge (E.C. Act), Gorakhpur and the Judge Small Causes Court, Gorakhpur respectively whereby the release application of the respondent-landlady has been allowed. An application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short the Act) was filed by the respondent-landlady on the ground of establishing her son Amit Yadav in the business of general merchandise in the disputed shop. The said application was allowed by order dated 7.9.2009.

(2.) Being aggrieved and dissatisfied with the said order, the petitioners preferred an Appeal No. 16 of 2009 and the same was dismissed by the Appellate Court vide judgment and order dated 5.8.2011. Hence the present writ petition. Heard learned Counsel for the parties and perused the record.

(3.) Learned Counsel for the petitioners has submitted that the premises in dispute comprises of two rooms, out of which, one room is being used for commercial purpose and another room for residential purpose, as such, the said residential room cannot be released and therefore, the release application of the respondent-landlady is not maintainable.