GOPAL YADAV Vs. GULAB CHAND SHARMA

JUDGEMENT

(1.) -Heard Smt. Rama Goel Bansal, learned counsel for petitioner; and, Sri M.K. Gupta, Advocate, and Sri Alok Sharma, Advocate, holding brief of Sri Rahul Sahai, learned counsels for respondents.

(2.) This is tenant's writ petition facing ejectment from the shop situated at Megha Chowk Bazaar, Mathura which is in his tenancy, but, by means of impugned orders has been released in favour of respondent-landlord.

(3.) Respondent filed an application under Sec. 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") seeking release of disputed accommodation on the ground of personal need so as to start business of Provisional Store. The application is dated 16.12.2005 registered as P.A. Case No. 44 of 2005 before Prescribed Authority, Mathura. Petitioner contested the same by filing his written statement dated 17.4.2008 stating specifically that landlord is not residing at Mathura but is actually settled at Delhi having his address at 257-D, Nand Nagari in front of Guru Teg Bahadur Hospital, New Delhi. He has two children; son Rahul and daughter Parul. Both are employed in the bank on higher position and both are unmarried. Besides, the landlord himself is doing job of Commission Agent and has two other residences at Delhi which are let out. Trial Court allowed the application and the said order has been confirmed in Appeal by Appellate Court's order dated 9.9.2010.