KAUSHAL KUMAR GUPTA Vs. BISHUN PRASAD AND OTHERS

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 1 Bishan Prasad on the ground of bona fide need under Sec. 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 4 of 1991 on the file of Prescribed Authority /Civil Judge, Junior Division, Shahjahanpur. Release application was filed against the tenant Bankey Lal, who died during pendency of proceedings before the courts below and was survived and substituted by petitioner and proforma respondents 2 to 7.

(2.) Property in dispute is a shop. Landlord pleaded that he required the shop in dispute for settling his elder son Ram Prakash in business. Dimensions of the shop in dispute are about 9 feet x 13 feet.

(3.) The tenant pleaded that landlord had two other shops in which he could settle his son Ram Prakash. A Commission was issued who submitted his report dated 10.8.1992 along with the map. Copy of the report is Annexure '4' to the writ petition. In the map of the Commissioner at page 44 of the paper book of the writ petition, the two shops alleged to be available to the landlord are shown to be situated towards south of the shop in dispute. In the southernmost shop the other son of the landlord Jitendra is doing business of selling Paan In the shop just adjacent to the shop in dispute and situate towards south thereof, landlord is doing the business of repairing the utensils. Dimension of the said shop is 6 feet x 4 feet 5 inches. Commissioner found that in the house of the landlord which was adjacent to the said shops, some machinery etc. was kept which was used for repairing the utensils. The Prescribed Authority rejected the release application through judgment and order dated 14.11.1995 against which landlord filed Civil Appeal No. 10 of 1996. VII A.D.J. Shahjahanpur allowed the appeal on 15.12.2003 hence this writ petition by tenant.