BABU LAL Vs. JAMUNA DEVI

JUDGEMENT

(1.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by landlady respondent No. 1 under Section 21 of U.P. Act No. 13 of 1972 against the petitioner.

(2.) PROPERTY in dispute is a shop. The landlady initially pleaded that after the death of her husband (which occurred about 9 years before the filing of the release application), her three sons respondent opposite parties Nos. 2 to 4 did not look after her properly, hence she needed the shop in dispute to start business of selling sundry goods (purchune shop). In release application it was pointed out that other commercial accommodation were available to the tenant and were in his occupation and use.

(3.) IT was also argued by the learned counsel for the tenant before the tower appellate court as well as this Court that two shops belonging to the landlady and his sons were let out to other tenants during the pendency of the case, hence it disproved the need of the landlady. The lower appellate court in this regard accepted the version of the landlady that by mutual understanding those two shops were in control of his two sons who let those shops and did not allow the landlady to start business in the said shops.