SHIV SINGH CHAK Vs. BABY JAIN

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard counsel for the parties and perused the record.

(2.) THIS is tenant's writ petition filed against the judgment of the Additional District Judge, Court No. 3, Firozabad in Misc. PA Appeal No. 19 of 2002 dated 13-1-2006 dismissing the appeal filed by the tenant against the order of the Prescribed Authority/civil Judge (Junior Division), Firozabad dated 14-3-2002 in PA No. 2 of 1997.

(3.) THE application was contested by the tenant by filing W. S. dated 6-1-1997. He claimed that the need of the landlord was not bona fide and has no cause of action as the husband of the landlady is doing business in her home; that application is barred by the provisions of Section 21 of U. P. Act No. 13 of 1972 and Rule 16 of the Act. It was also his case that he is doing business of motor parts in the shop in dispute for the last 13 years and has earned good will due to his honesty and hard labour. THE shop in dispute situated on Agra Firozabad highway which is suitable for the business of motor parts and is the only source of livelihood of the family of the respondent.