MOHD ANIS Vs. MOHD YUNUS

JUDGEMENT

(1.) A ? clash of interest between the landlord and the tenant in connection with shop of the dimension 7 ft. x 9 ft situate in Mohalla Saidwara, Etawah is the cause involved in this writ petition.

(2.) THE respondent landlord wants the shop to be vacated whereas the petitioner-tenant insists for remaining in its possession on the ground that he has acquired sufficient goodwill as? tenant since 1960 and that the need set up by the landlord is not genuine and bona fide. It is worth noting that the respondent-landlord is a Homeopathic Medical Practitioner.? He was the owner and landlord of the shop in dispute. He had sold the shop some time in the year 1980 and had repurchased it in the year 1990. The fact that the respondent is presently the owner and landlord of the shop in question is not dispute. The respondent-landlord had earlier applied under Section 12/16 of U.P. Act No.13 of 1972 for declaring the shop to be vacant and for its release in his favour for residential purposes. He was unsuccessful in the said litigation.

(3.) THE previous litigation for the vacation of the petitioner tenant on the ground of default in payment of rent is of no consequence. The said litigation in no way bars his claim for getting the shop in question released under Section 21(1) (a) of the Act.