HITENDRA JAIN Vs. VIMAL KUMAR TRIPATHI

JUDGEMENT

(1.) Heard Sri Ashish Agrawal, learned counsel for the petitioner and Sri Pankaj Agrawal, learned counsel for the respondent.

(2.) The dispute in the writ petition is about a shop. It was under the tenancy of the respondent for a long time. Petitioner purchased it from previous owner vide sale deed dated 22.10.1999. He applied on 24.01.2000 for release of the above shop under Section 21(1)(b) of the U.P. Act No.13 of 1972, after service of notice dated 11.10.1999 upon the respondent/tenant. The release application was got amended vide application dated 19.1.2004 which was allowed on 2.4.2004 and the release application was converted into one under Section 21(1)(a) of the Act.

(3.) In short, the release application was initially filed on the ground of dilapidated condition but on amendment it was converted into that of bona-fide need.