LAWS(ALL)-2003-11-126

OM PRAKASH Vs. SUNIL KUMAR

Decided On November 14, 2003
OM PRAKASH Appellant
V/S
SUNIL KUMAR Respondents

JUDGEMENT

(1.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent Nos. 1 to 3 under Section 21 of U. P. Act No. 13 of 1992 on the ground of bona fide need. The property in dispute is a shop in tenancy occupation of the petitioner. The property in dispute was purchased by landlords respondent Nos. 1 to 3 in the year 1988. The petitioner is son of the original tenant Dharm Prakash (since deceased and survived by petitioner and respondent Nos. 4 to 8) who was the tenant of the said property since before its purchase and carrying on the business in the name of Syama Crokery's.

(2.) IT was further alleged in the release application that father of the landlords had an accommodation measuring 18' x 150' in which father of the landlords Moti Lal was carrying on business of retail and whole sale of general merchandise and of some agencies by name of Cash and Company and was also using the back portion of the same as godown. The need set up in the release application was for Sunil Kumar and Sushil Kumar. It was further alleged that Sushil Kumar was assisting in the business of his father.

(3.) THIS writ petition is directed against the aforesaid judgment and order passed by the appellate court.