BRIJ MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is tenant's petition. By means of instant writ petition, the petitioner has challenged the validity and correctness of the judgment and decree dated 16.11.1999, passed by the Prescribed Authority, Orai district Jalaun allowing release application of the landlord registered as P.A. Case No. 2 of 1997, affirmed by District Judge, Orai district Jalaun vide judgment and order dated 9.5.2003 in Rent Appeal No. 4 of 1999.

(2.) THE brief facts of the case are that the landlord-respondent has five sons, namely, Sri Ram Kishore, Sri Anil Kishore, Sri Raj Kishore, Sri Brij Kishore and Sri Neeraj Kumar. THE petitioner is tenant of the disputed shop on a monthly rent of Rs. 500. THE landlord filed release application registered as P.A. Case No. 2 of 1997 under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') on the ground that he required the disputed shop for setting up his unemployed elder son Sri Ram Kishore in cloth business. He asserted that his financial condition is sound and is capable of investing money in the cloth business ; that the tenant is also financially sound having a big house in Mohalla Rajendra Nagar in the same city ; that his band is famous and can maintain office in his own house ; that there are five shops of one Sri Bharat Lal Srivastava in vacant position near the disputed shop and tenant can take any shop from him; that the landlord has no vacant shop in his possession to establish his son in business ; that the need of the landlord is bona fide and genuine and the tenant will not suffer comparative hardship if the shop is released in favour of the landlord.

(3.) AGGRIEVED by the aforesaid judgments and decree, the petitioner has come up in this writ petition. Contentions of counsel for the petitioner :