RAM SEWAK SHUKLA Vs. XVITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This petition has been filed by the tenant for quashing of the judgment dated 10.9.2002 passed by XVIth Addl. District Judge, Kanpur Nagar in Rent Appeal No. 68 of 1999 filed by the landlord whereby the appeal was allowed and the release application of the landlord appellant Under Section 21 (1) (a) of U.P. Act No. 13 of 1972 was allowed.

(2.) Dispute relates to a shop in the premises No. 49/160 Nayaganj, Kanpur Nagar let out of a monthly rent of Rs. 30/- per month to the petitioner. Duly Chand Kanodia was the owner-landlord of the premises in suit. He has four sons, namely, Girish Chandra Kanodia, Anil Kumar Kanodia, Sunil Kumar Kanodia and Krishna Kumar Kanodia. All the four sons it was alleged were unemployed. Setting up a need for establishing business for his sons. Duly Chand Kanodia filed an application Under Section 21 (1) (a) of the Act for release of the premises in dispute against the petitioner. It was registered as P.A. Case No. 5 of 1996. During pendency of the said case Duly Chand died and his four sons as mentioned above and widow Smt. Kailashwati Kanodia were arrayed as respondents to the petition.

(3.) The petitioner contested the release application in the ground that the application has been filed malafide only to oust the petitioner. Landlord had no need at all as several other shops were lying vacant in the same building which could be used for setting up business of the portions and further that other shops had been vacated/released in favour of landlord but the landlord instead of retaining their possession, had let out them on higher rent to strangers.