ANIL KUMAR Vs. CHETANYA SWARUP GUPTA

JUDGEMENT

(1.) Heard Sri M.K. Gupta, learned counsel for petitioner, Sri Manish Kumar Nigam, learned counsel for respondents and perused the record. Petitioner is a landlord of disputed shop situated at Generalganj, Opposite Nagar Palika, Mathura. The shop was let out to respondent-tenant on a monthly rent of Rs. 250 which included House Tax etc. and rent was increased to Rs. 450 per month. The shop came in the share of petitioner-landlord as a result of family settlement/partition. An application was filed in February. 1993 by petitioner as well as his parents; Sri Nathhi Lal, father and Smt. Ganga Devi, mother seeking release of disputed shop on the ground of personal need under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). It is said that applicant No. 3 (present petitioner) is major and married. He is running his business in a rented shop but is not doing well and intends to settle business in his own shop, i.e., disputed one.

(2.) Application was contested by respondent-tenant and besides other it said that petitioner, Anil Kumar, is not completely unemployed but he is doing business of candles and wax in a shop near Banke Bihari Temple and cannot be said to be unemployed.

(3.) Application was allowed by Prescribed Authority vide judgment dated 16.8.1996 directing respondent-tenant to vacate shop in dispute where against he filed Appeal No. 104 of 1996 which has been allowed by appellate court vide impugned judgment dated 17.4.2002. Hence, landlord is before this Court.