BIJAI CHAND BHANDARI Vs. V ADDL D J

JUDGEMENT

(1.) HEARD Sri A.K. Mehrotra, learned counsel for petitioner and Sri Atul Dayal, learned counsel for respondents.

(2.) PETITIONER is the owner of a shop situated at ground floor of premises no. 73/31, Cooperganj, Kanpur, in respect whereof dispute in the present writ petition has arisen, through proceedings initiated under Section 21(1)A of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act, 1972). The shop was let out to Sri Rameshwar Dayal S/o Sri Chhotey Lal (Since deceased and substituted by his legal heirs). Area of shop is 30 X 11 Square feet. It was let out on monthly rent of Rs.62.50/ -. Tenant was running business in the name and style of M/s Mannu Lal Rameshwar Dayal and was dealing in chuni, khali and animal fodder.

(3.) LANDLORD filed an application under Section 21(1)A of Act, 1972, before Prescribed Authority/3rd Additional Civil Judge, Kanpur, which was registered as Release Case No. 63 of 1986. He pleaded that the present accommodation in which he is running his own business in the name and style of M/s National Plastic Company and M/s Shubh Traders has become inadequate for keeping the goods and therefore requires accommodation to be used as Godown, for which a portion of House No. 73/31, when fell vacant, he applied for its release, which was allowed by order dated 31.3.1986 and order stood confirmed after dismissal of Rent Revision No. 34 of 1986 on 16.04.1986. Thus, in a portion of house no. 73/31 he has got godown available but no shop therein, hence, shop in dispute is needed by him for his personal use i.e. for expanding business in the said shop. He also pleaded that tenant has five more shops at premises no. 73/34 and he will not suffer any prejudice.