MAGAN LAL Vs. KALIM ULLAH

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This is tenant's writ petition arising out of proceedings for eviction/release under Section 21 of U. P. Urban Building Regulation of Letting Rent and Eviction Act 1972 (U. P. Act No. 13 of 1972) initiated by landlord respondent on the ground of bonafide need in the form of P. A. Case No. 1 of 2007. Property in dispute is a shop. Prescribed Authority/Judicial Magistrate, Jalaun at Orai allowed the release application on 18.2.2010. Through the said order landlord-respondent was also directed to pay two years rent to the tenant-petitioner. Against the said order petitioner filed Rent Appeal No. 1 of 2010 which was dismissed on 2.11.2010 by 3rd Additional District Judge, Jalaun at Orai hence this writ petition.

(3.) The need set up in the release application was for settling Nafees son of the landlord in business. Petitioner contended that he was tenant for 40 years and was doing business of selling vegetables from the shop in dispute. Rate of rent is Rs. 400/- per month. It was stated in the release application that Nafees, landlord's son was not doing anything and sitting idle and he wanted to do the business of general merchandise from the shop in dispute.