DEEP KUMAR Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This is landlord's writ petition who is aggrieved by judgment and order dated 30.10.2000 passed by District Judge, Jhansi in Rent Control Appeal No. 10 of 1997. The Appellate Court while allowing appeal has set aside judgment and order dated 10.2.1999 of Prescribed Authority and has remanded matter to consider landlord's release application afresh in the light of observations made in appellate judgment. The dispute relates to shop No. 27 situated at Subhashganj, Jhansi. The shop is on the ground floor of building and owned by petitioner. The respondent No. 3, Lalit Kumar Jain, is tenant of aforesaid shop on a monthly rent of Rs. 100/.

(2.) The petitioner filed an application under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act 1972") registered as Case No. 13 of 1997 before Prescribed Authority/Civil Judge, (Senior Division), Jhansi stating that respondent-tenant is not doing any business while on the other hand petitioner-landlord is unemployed and wants aforesaid shop to be released so that he may start his own business therein.

(3.) The respondent No. 3 contested application alleging that petitioner-landlord is running a huge business of transport and has also other business i.e. STD shop etc. He is also running a confectionery factory. He used to make biscuits etc and therefore, his contention that he is unemployed is false and incorrect. There is no genuine need of shop for alleged self-employment of landlord and therefore, application deserves to be rejected.