PRAHLAD KUMAR SAHU Vs. SHIV PRASAD

JUDGEMENT

(1.) Heard Sri Ashish Gupta, learned Counsel for the petitioner and learned Counsel for the respondents. Counter and rejoinder-affidavits have been exchanged and the writ petition is taken up for final disposal with the consent of learned Counsel for the parties. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the judgments and order dated 18.3.2009 passed by Additional District judge, Court No. 1, Jhansi in Rent Control Appeal No. 3 of 2006, Shiv Prasad and another v. Prahlad Kumar Sahu and others by which appeal filed by respondents No. 1 and 2 has been allowed and order dated 6.2.2006 passed by the learned Prescribed Authority/Judge Small Causes Court in P.A. Case No. 51 of 2004 has been set aside.

(2.) The facts giving rise to this case are that the present petitioner (landlord) has filed an application under section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of the shop in question for the bona fide need of his younger son Sri Pankaj Sahu on the ground that he is major and unemployed and wants to start his independent business. The release application was contested by the respondents on the ground that Sri Pankaj Sahu is having income by plying three seaters and the ladies of his house are also engaged in manufacturing of paper and are earning huge money from it, therefore the need is not bona fide and the application for release deserves to be rejected.

(3.) In support of the release application, Sri Pankaj Sahu has filed an affidavit No. 18Ka and other affidavits 19Ka, 20Ka and 21ka.