UTTAM CHANDRA Vs. VIIITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is a tenant's writ petition arising out of an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 with regard to non-residential premises for release in favour of the landlord.

(2.) The application was filed by the landlord for the need of his son and augmenting the income of family which was contested by the petitioner.

(3.) Prescribed authority has found that the shop was originally let out to one Basu Deo who admittedly died and petitioner. Uttam Chandra is neither an heir nor a family member. Petitioner contested the aforesaid case set up by the landlord that he is the real brother's son of the deceased. Basu Deo and he was carrying on the business with Basu Deo and thereafter he himself is carrying on the business in the capacity of karta of an undivided Hindu Family. The prescribed authority after considering the material on" record arrived at the conclusion that the need of the landlord is bona fide and genuine.