PRABHU DAYAL GUPTA Vs. RAJENDRA NARAYAN JAISWAL

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent against him on the ground of bona fide need under Section 21 of U.P. Urban Building Regulation of Letting Rent and Eviction Act 1972 (U.P. Act No. 13 of 1972) in the form of P.A. case No. 25 of 2004. Property in dispute is a shop, Landlord asserted that he had retired and wanted to establish the business of photo copiers, fax facility and P.C.O. in the shop in dispute. Prescribed authority/J.S.C.C. Gorakhpur allowed the release application on 25.8.2009. Against the said order petitioner filed Rent Appeal No. 14 of 2009. A.D.J. Court No. 2, Gorakhpur dismissed the appeal on 23.8.2012, hence this writ petition. A conditional stay order was granted on 9.11.2009 by the LAC enhancing the rent from Rs. 25/- per month to Rs. 450/-per month. The stay order is in more than five closely typed pages which is almost as long as the final judgment. It was utter waste of time. Stay order is bound to be granted to the tenant in appeal or revision filed by him and condition has also to be imposed. However, no detailed reasons are required to be given for the said purpose. The learned A.D.J. shall be careful in future. The appellate and revisional Courts shall utilise their time in final disposal of appeals and revisions rather than wasting the same in deciding simple applications like stay application etc.

(2.) The learned counsel for the petitioner tenant has raised the following points:

(3.) In respect of first point the Courts below held that age of around 70-75 years cannot be said to be such an age where a person cannot start business and that getting pension is no ground to deny the need to start business. I do not find any fault with this finding. Unless someone is around 85 years of age, it cannot be said that he cannot start a business which does not require much physical activity.