SHIV KUMAR Vs. 1ST. ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) Heard Shri U.S. Sahai, learned counsel for landlord petitioner and Shri D.C. Mukherjee, learned counsel for the tenants respondents. Original respondent no. 3 Harbhajan Singh since deceased and survived by legal representatives was the original tenant.

(2.) This is landlord's writ petition arising out of proceedings for eviction/ release initiated by him against the tenant original respondent no. 3 on the ground of bonafide need under section 21 of U.P. Act No. 13 of 1972. The release application was registered as Rent Control Case No. 14 of 1992 Shiv Kumar Vs. Harbhajan Singh. Prescribed Authority/ J.S.C.C. Sitapur, Dismissed the release application on 29.03.1999. Against the said order landlord petitioner filed Rent Control Appeal No. 5 of 1996. First A.D.J. Sitapur dismissed the appeal on 09.12.1997 hence this writ petition.

(3.) The property in dispute is a shop dimension of which are 7 feet X 14 feet. Rent is Rs. 60 per month. Adjoining shop of same dimensions is in occupation of the landlord from where he is carrying on business. Landlord purchased the property from its previous owner/landlord through registered sale deed in the year 1971. Landlord asserted that he wanted the shop in dispute to expand his cloth selling business by combining the two shops. Advocate Commissioner was also appointed to inspect the other properties in possession of the landlord as well as tenant.