SHANKAR LAL Vs. VINAY KUMAR NEKHARA

JUDGEMENT

(1.) This writ petition is directed against the judgement and order dated 23.12.2010 passed by Special Judge (D.A.A.)/Additional District Judge, Jalaun in Rent Appeal No.01 of 2007, whereby the judgement and order dated 11.07.2007 passed by the Prescribed Authority in P.A. Case No.06 of 2003 was set aside and the release application filed by the respondent-landlord under Sec. 21(1)(a) of U.P. Act No. XIII of 1972 (in short "Act") was allowed. Brief facts of the case are as follows:-

(2.) The Respondent-landlord filed an application under Sec. 21(1)(a) of the Act against the petitioner for release of the disputed premises. The said application was registered as P.A. Case No.06 of 2003. In the release application, the need was set up by the landlord for himself and his two educated unemployed sons. The disputed accommodation consists of one big room, three small rooms, staircase, gallery, latrine and bathroom, which was let out to the father of the petitioner at the rate of Rs. 300.00 per month as rent, which was increased to Rs. 425/- per month. The petitioner is running a Restaurant in the said premises.

(3.) It was pleaded by the Respondent-landlord in the release application that he is carrying on a business of agricultural equipments from the gallery adjacent to the shop in dispute. The said gallery is also being used as passage to reach first and second floor of the building. The area of the gallery which is being used by the respondent-landlord for business as well as for purpose of passage is 6'1/2" X 66'. The said gallery is very narrow and congested and is not suitable for carrying on business of agricultural equipments, as such, the respondent-landlord is not able to carry on business of the agricultural equipments smoothly. It was further pleaded that his two sons including Vivek Kumar, who is about to complete his graduation from the Agriculture University, Pant Nagar would join the family business but owing to the paucity of accommodation, it is not possible to expand the business.