ASHOK KUMAR AGARWAL Vs. DESHBANDHU GUPTA

JUDGEMENT

(1.) Heard Shri Udayan Nadan, learned counsel for the petitioner and Ms. Shreya Gupta, learned counsel for the respondent.

(2.) The brief fact is that the petitioner is a tenant of a shop situated at Brij Market, Shivaji Marg (Alamgiriganj), Bareilly and is paying rent in respect of the said shop and there are no arrears of rent against the petitioner tenant. The landlord-respondent filed an application u/s 21(1)(a) of Act No. 13 of 1972 on the ground that he is absolutely unemployed and carries no business anywhere and therefore, the said shop is bonafidely required by him to set up his own business of artificial jewellery and Girvi Ghata. It was further stated in the release application that the daughter-inlaw of the landlord-respondent, Smt. Rakhi Agarwal, will assist him in the running of the said business. Thus, the premise on which the release application was filed that the landlord-respondent is unemployed and therefore, the shop in possession of the tenant may be released in his favour.

(3.) The tenant-petitioner filed his written statement and submitted that in terms of the compromise dtd. 27/1/1994 and 28/1/1994 entered into between the landlord-respondent and tenant-petitioner in SCC Suit No. 323 of 1983, the tenancy in question is perpetual in nature and therefore, the release application is misconceived. It was further submitted by the tenant that the landlord-respondent is a senior citizen and has no bonafide need to carry out any new business.