RAGHUVIR SINGH SAINI Vs. BRIJ MOHAN GUPTA

JUDGEMENT

(1.) HEARD Counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of judgment dated 24.4.2002 (Annexure 9 to the writ petition) passed by the Additional District Judge, Court No. 12, Meerut in Misc. Appeal No. 10390 of 2001.

(2.) THE facts giving rise to the instant writ petition are that respondent No. 2 is the owner and landlord of shop No. 2 (old No. 5) situate near Baghpat Gate, Meerut which was given on a monthly rent of Rs. 150/ - to the petitioner sometime in 1972. In 1996, the rent of the shop, in dispute, was enhanced to Rs. 225/ - per month.

(3.) THE release application was filed on the grounds, inter alia, that his elder son Sri Nitin Bansal was unemployed; that the younger son was studying in B. Com. II year; that the tenant owns his own house built in about 200 square meters areas having three shops. One of the shops was occupied by Sri Raja Lal, which was vacated by order of the Prescribed Authority and that the shop in dispute was required for establishing both house him unemployed sons in business. It was also averred in the release application that the tenant had occupied the shop, in dispute, with a mala fide intention to compel the landlord to part with extraneous consideration for vacating the shop by the tenant and that for want of suitable shop for carrying on business by his elder son, he could not be married.