SAJID MAQSOOD Vs. 4TH ADDTIONAL DISRICT JUDGE RAMPUR

JUDGEMENT

(1.) Heard Sri Komal Mehrotra, learned counsel for the petitioner and Sri Om Prakash, learned counsel for respondent No. 3.

(2.) The petitioner/landlord of the premises in question i.e. a shop, sought release of premises in question on the ground that he is totally unemployed and is in the need of the same. In rebuttal, the respondents/tenants filed affidavits that the petitioner has various sources of income i.e. from agricultural land, business etc. The Prescribed Authority vide order dated 14.05.1998 allowed release application of petitioner but on appeal, the appellate authority has reversed the Prescribed Authority's order. Hence, this writ petition has been filed by landlord/petitioner assailing the appellate order dated 01.10.1999.

(3.) It is contended that the appellate court on mere affidavits of tenants has non-suited the petitioner. In fact, no substantial evidence was adduced by tenants to show that petitioner is employed or engaged in agriculture or some other business, though onus to prove the same lay upon them.