SHRAWAN KUMAR Vs. RAJAT VERMA

JUDGEMENT

(1.) This is a tenants' petition challenging the judgment and order dated 7.8.2010 passed by the prescribed authority allowing the release application filed by the respondent-landlord under Section 21(1)(a) of the U.P. Act No. XIII of 1972 (in short the 'Act') as well as the order dated 21.12.2012 passed by the appellate court rejecting the appeal.

(2.) Heard Sri M.A. Qadeer, learned Senior Advocate assisted by Sri M.H.Qadeer for the petitioners and Sri Lalit Kumar for the respondent-landlord.

(3.) Respondent-landlord moved an application under Section 21(1)(a) of the Act on the allegation that the shop wherein the petitioners were tenants at a monthly rent of Rs.200/- was gifted to him by the erstwhile owner and landlady Smt.Gyanwati on 11.12.2008 and vide notice dated 7.1.2009 the tenants were given information of this fact. It was further pleaded that he had no other property and the shop in dispute was required for establishing his business. The proceedings were contested by the petitioner-tenants. The prescribed authority vide judgment and order dated 7.8.2010 allowed the release application and directed the petitioner-tenants to vacate the shop in dispute within one month. The Prescribed Authority after analyzing the evidence brought on record by the parties held that need of the landlord was bonafide and genuine. The question of comparative hardship was also answered in favour of the respondent-landlord inasmuch as he had no accommodation except for the disputed one available with him to establish the business. The findings recorded by the prescribed authority about the bonafide and genuine need of the landlord-respondent have been affirmed by the appellate court.