SANTOSH KUMAR AND ANR. Vs. SARLA DEVI

JUDGEMENT

(1.) Supplementary-affidavit filed today in Court is taken on record.

(2.) Heard learned Counsel for the Petitioners and Sri B. D. Mandhyan, senior counsel assisted by Sri Satish Mandhyan, advocate appearing on behalf of the Respondent.

(3.) By this writ petition, Petitioners have prayed for quashing the order dated 12.9.2006 passed by the Additional District Judge, Room No. 8, Agra in Rent Control Appeal No. 240 of 2004, Smt. Sarla Devi Vs. Santosh KumarProceedings under Sec. 21(1)(a) of U. P. Act No. XIII of 1972 were initiated by the landlady for release of the shop in question being building No. 4/31, Baluganj, Agra. The applicant landlady's case in the application was that the shop in question, with two rooms, kitchen on the first floor, was let out to the tenant, the landlady's husband is doing business of goldsmith in a shop situated in Agrawal market, Tundla. The landlady has three sons, the eldest son Satish is working with his father in goldsmith business at Tundla and there is no scope for other two sons in goldsmith business. The shop was to be released for the setting up two sons, namely, Ravi Kant Goel and Gagan Goel, who have to be set up in the automobile business in the shop in question. This was opposed by the tenant stating that the tenant is running the business since long and he has no other place to shift. It was stated that the need of the landlord is not genuine. Subsequently, the Petitioners having put appearance, filed additional written statement bringing on record that the landlady had purchased two shops at Tundla and the landlady can very well use the shops purchased at Tundla.