HARI SHANKER AND ORS. Vs. BHAGWATI PRASAD MISHRA

JUDGEMENT

(1.) Heard Sri K.K. Nirkhi, for the petitioners.

(2.) This writ petition has been filed against the order of Additional District Judge, Court No. 24, Kanpur Nagar dated 28.08.2014, rejecting the application for amendment of written statement (38-C) filed by petitioners in Rent Appeal No. 33 of 2012, Prem Shanker & others Vs. Bhagwati Prasad Mishra.

(3.) Smt. Ram Kumari, mother of Bhagwati Prasad Mishra filed a release application (registered as Rent Case No. 4 of 2007) under Section 21 (1) (a) of U.P. Act No. XIII of 1972 for release of the shop in dispute situated in Premises No. 67/52-A, mohalla Daulatganj, Kanpur Nagar, setting up personal need of the respondent. It has been stated in the application that she was owner and landlady of the shop in dispute and the petitioners were tenant in it. Family of the landlady consists of herself, her son Bhagwati Prasad Mishra, daughter-in-law Smt. Sudha Mishra, grand son Roshan Mishra and grand daughter-in-law Smt. Vandana Mishra. Bhagwati Prasad Mishra was unemployed and doing business of kabar on cycle in pheri. Roshan Mishra was carrying on metal business in a small shop. Bhagwati Prasad Mishra wanted to start business of purchase and sale of old copper and brass metal. The petitioners inherited a house from her mother at mohall Kidwai Nagar, Kanpur Nagar and are moneyed persons. They can shift their business from shop in dispute to their house without any hardship. Need of landlady was genuine and pressing.