BALRAM DAS AND ORS. Vs. PRAKASH CHAND DHINGRA

JUDGEMENT

(1.) Heard Shri Manish Goyal, learned counsel for the petitioners and Shri Ajay Kumar Singh, learned Advocate for the respondent.

(2.) This writ petition is directed against the judgment and order dated 7.5.2011 passed by the lower appellate court in Rent Appeal No. 202 of 2008 (Prakash Chandra Dhingra vs. Balram Das and Another) whereby the release application filed by the landlord has been rejected. The tenement as described in the release application in occupation of the respondent consists of one big hall, latrine & bathroom in Premises No. D -37/111, Baradeo, Varanasi in which the respondent's predecessor were inducted on 1.10.1970. In the written statement, the description of tenement is admitted with the further assertion by the respondent that the tenant is in occupation of the entire first floor consisting of one hall, two rooms and a latrine & bathroom.

(3.) The averment in the release application is that at the second floor, one Cinema Hall, Cafe and restaurant are being run by the petitioners. For running of Spice Cafe, there exist staff of 14 employees and 27 employees are working in the Cinema Hall. The accommodation in tenancy of the respondent is required for using it as a retiring rooms/refreshment area for the staff of the Cinema Hall and Cafe who work in shifts. The tenement is kept locked by the respondent and is being used as a godown and in fact the respondent is not doing any business in the same. The respondent contested the release application with the plea that the need set up by the landlord is illusory inasmuch as the retiring room facility has not been provided to the staff of any of such business establishment in the nearby locality or in the entire City.