NAND KISHOR SARAVAGI Vs. RAJENDRA MOHAN BOHRE

JUDGEMENT

(1.) Heard Sri Vivek Mishra, learned counsel for the petitioner and perused the record.

(2.) This writ petition is directed against the order dated 30.03.2007 passed by Prescribed Authority allowing applicant of respondent-landlord filed under Sec. 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") for release of shop in question and ejectment of petitioner-tenant on the ground of personal need and the order dated 10.07.2012 passed by Additional District Judge, Court No. 1, Jhansi.

(3.) Learned counsel for the petitioner submitted that firstly there was no valid partition amongst the family members of landlord which could have shown that property in dispute fell in his share, therefore, he was not the sole owner of property in dispute but this aspect has not been validly considered by courts below. He further submitted that there was another plot available to the landlord but the same was leased out to somebody else, i.e., one Khalil whereupon the landlord can set up furniture business of his son.