TULSI DAS Vs. SMT. NIRMALA GAUR AND ORS.

JUDGEMENT

(1.) An application under section 21(1)(a) of U.P. Act No. 13 of 1972 (in short the "Act") was filed by the respondents for release of the disputed premises on the ground of bona fide and genuine need. The Prescribed Authority after considering the material available on record allowed the said application by order dated 26.8.2009. Thereafter, the petitioner filed an appeal under section 22 of the Act, which was registered as Rent Control Appeal No. 84 of 2009 and the same was dismissed on 28.5.2012. Hence the present writ petition. Heard learned Counsel for the petitioner and perused the record. The respondents/Landlords filed an Application against the petitioner/tenant for release of the disputed premises under section 21(1)(a) of U.P. Act No. 13 of 1972 with respect to the shop situated at Premises No. 32/37, Old Sabzi Mandi, Ghumani Bazar, Chawk, Kanpur on the allegation that Gauri Shankar was the tenant of the disputed shop at the monthly rent of Rs. 200/- and after his death, his son Tulsi Das became the tenant of the disputed shop. It was further alleged that the disputed shop was required for establishing respondent Nos. 2 and 3 in the business.

(2.) Learned Counsel for the petitioner filed written statement denying and disputing the averments made by the respondents.

(3.) Both the Courts below have recorded the finding of fact holding that the respondent No. 2 does not have any alternative accommodation for carrying on his business and cannot be compelled to carry on his business from his residential accommodation. It was further held that the petitioner/tenant has himself admitted that he is in possession of one shop and godown and not in possession of two shops. It was further held by the Courts below that the petitioner did not make any effort to search out any alternative accommodation during the pendency of the release application and the petitioner has got alternative accommodation to carry on his business.