WAHID ALI Vs. MOHD. ABDUL QADEER AND ANOTHER

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondents under Sec. 21 of U.P. Act No. 13 of 1972.

(2.) The building in dispute is a shop. The need set up in the release application was for setting up the Chamber of advocate, son of landlord respondent. Plea of the tenant petitioner was that an adjoining shop was available to the landlord respondent for alleged need set up in the release application. Landlord countered the allegations by stating that the said shop was let out several years before to the M/s. Perfect Engineer.

(3.) The Prescribed Authority issued commission and the commissioner's report was that at the time of inspection the shop was closed, and it was having a board of M/s. Perfect Engineer and a notice that the tenant had gone on holidays.