DAMODAR DAS Vs. RAM SWAROOP GHURA

JUDGEMENT

(1.) This is a writ petition by the landlord, who was successful in proceedings for release under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972 (for short, 'the Act') before the Prescribed Authority, but failed before the Appellate Authority.

(2.) Damodar Das, the landlord filed for release of shop bearing No.193, situate at Mohalla Sarrafa Bazar, Jhansi, under Sec. 21(1) (a) of the Act, that was in the tenancy occupation of Ram Swaroop Ghura. The application was registered on the file of the Prescribed Authority/ Judge, Small Cause Court, Jhansi as P.A. Case No.63 of 2007.

(3.) The landlord's case in brief was that he is the owner and landlord of shop No.193 aforesaid (for short, 'the demised shop'). The demised shop had fallen to his share in a family settlement. Ram Swaroop Ghura, who shall hereinafter be referred to as 'the tenant', was in occupation thereof on a monthly rent of Rs.100.00. The tenancy commences on the 24th of each English Calendar month and ends on the 23rd following. The tenant has not paid rent since 25/1/2000 and is in default. Separate proceedings are being taken on that ground. The landlord has no other shop available to him, except the demised shop. He needed the demised shop for his personal use and occupation. The landlord so far does business in the shop owned by his brother Bhagwat Prasad. The landlord's brother aforesaid is now asking him to separate and vacate his shop at the earliest. The landlord is a married man. He has a family comprising his wife and three children, whom he has to provide for. The landlord has no other 2shop available to him except the demised shop, whereas the tenant has another shop located at Bajaja Bazar, Jhansi. If the tenant is asked to vacate the demised shop, he would not suffer any hardship. The tenant seldom sits in the demised shop. For the most part, the shop is without business. It is on these allegations that the landlord prayed that the shop be released in his favour on the ground of his bona fide need.