JAGDISHWAR DAYAL Vs. IIND ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) S. U. Khan, J. List revised. Neither any one has appeared for respondent No. 2 nor any counter affidavit on his behalf has been filed.

(2.) THIS is landlord's writ petition arising out of release proceeding initiated by him against tenant- respondent No. 2 under Section 21 of U. P. Act. No. 13 of 1972 for eviction on the ground of bonafide need. The release application was registered as P. A. case No. 330 of 1988 on the file of Prescribed authority/civil Judge, Meerut. The property in dispute is a shop. In the release application it was stated that landlord who was employed in excise department was going to retire in the year 1989 and he intended to start business of general merchandise from the said shop with the help of his two un- employed sons. Prescribed authority held the need of the landlord to be bonafide. Regarding comparative hardship the Prescribed authority held that tenant did not adduce any evidence to show that no other alternative shop was available to him or that he made any effort to search alternative accommodation. The release application was allowed by judgment and order dated 19-5-1990. Tenant- respondent No. 2 filed an appeal against the judgment and order passed by Prescribed authority under Section 22 of the Act. IInd A. D. J. , Meerut through judgment and order dated 7-2-1991 allowed the appeal hence this writ petition.

(3.) SANJAY Kumar (son), aged 21 years, unmarried.