JANKI PRASAD Vs. KASHI NATH MISHRA

JUDGEMENT

(1.) RAKESH Tiwari, J. The petitioner has challenged the validity and correctness of the impugned judgment and decree dated 29-7- 2000 passed by the Prescribed Authority/vith Additional Civil Judge (Senior Division), Agra allowing the release application of the respondent-landlord, affirmed vide judgment and order dated 6- 4-2002 passed by Additional District Judge, Court No. 14, Agra.

(2.) THE factual backdrop of the case leading to the present proceeding may be stated thus:

(3.) IT is alleged that the description of the disputed shop given in the plaint was incorrect; that he is carrying on business of making toys from the disputed shop for the last about 60 years and that his business of not seasonal. The landlord is leading a retired life having a monthly rental income of Rs. 5,000/- besides yearly agricultural income of about Rs. 10,000/-; that the landlord has got huge properties in Jauhari Bazar and Kasaeewada. IT is stated that it is unbelievable that his eldest son Sri Manish Kumar who has passed L. L. B and is pracitising lawyer would start business of general merchandise from the disputed shop and that in the residential portion, the landlord has got many rooms, as such, his need was not bona fide or genuine.