GHANSHYAM DAS SHARMA Vs. RAMESHWAR SHUKLA

JUDGEMENT

(1.) This is tenant's writ petition. Release application under Sec. 21 of U.P. Act No. 13 of 1972 filed by landlord respondent numbered as Rent Case No. 1 of 1999 regarding eviction of tenant petitioner from the shop in dispute, was allowed by Civil Judge (S.D.), Kanpur Dehat through judgment and order dated 31.1.2002. Tenant petitioner filed appeal against the said judgment and order under Sec. 22 of U.P. Act No. 13 of 1972 being Rent Appeal No. 2 of 2002. The said appeal has been dismissed by Additional District Judge, Court No. 5, Kanpur Dehat through judgment and order dated 31.10.2003. The learned District Judge while dismissing the appeal has awarded damages to the tune of Rs. 5000.00 to be paid by the landlord to the tenant to compensate him for the loss which may be occasioned due to shifting of shop and furniture. District Judge has also granted six month time to the tenant petitioner to vacate the premises so that during the said period tenant can search alternative accommodation.

(2.) Learned Counsel for the petitioner' has argued that the son and grandson of the landlord for whose need release application was filed were carrying on business form a Gomti (wooden shop) and one of them was plying auto rickshaw/tempo. In my opinion a person doing business from a Gomti genuinely requires a big shop in order to do business on proper scale. Plying auto rickshaw is also no bar for starting retail business from some shop.

(3.) I do not find any error in the findings recorded by both the Courts below in favour of the landlord.