JAN MOHAMMAD Vs. SPECIAL JUDGE AND ANR.

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 8.2.1989 passed by the Special Judge/Additional District and Sessions Judge, Saharanpur in Rent Control Appeal No. 197 of 1995 whereby the judgment and order dated 30.8.1985 passed by the Prescribed Authority in P.A. Case No. 1 of 1984 was set aside. The brief facts of the case as set out in the writ petition are as follows;

(2.) The petitioner is the owner and landlord of the shop in dispute alongwith Pucca Chabutra. The petitioner filed a release application under section 21(1)(a) of the U.P. Act No. 13 of 1972 (in short "Act") on the ground that at the time when the shop in dispute was let out to the respondent No. 2 he was only 27 years of age and he used to sell utensils as a hawker without any requirement of a fixed shop.

(3.) As a hawker he used to go from door to door to sell the utensils. However, since the petitioner was suffering from appendicitis, he was operated upon and was advised to do only light work and not to carry any load especially while walking. As a result of which, the petitioner became incapable to carry on his business by hawking and therefore required the shop in dispute for carrying on business from the fixed place. It was further pleaded in the release application that his family consists of self, wife and four children and has to support his entire family from his utensils business. It was also stated that the father of the petitioner is a handicapped person aged about 70 years. His father has been assisting his younger brother in the shop, who is carrying on his independent business. The petitioner is living separately and he has no concern with the business of his father/brother.