SHRI RAM GOVIL Vs. SMT. MAQSOODAN AND ORS.

JUDGEMENT

(1.) This writ petition has been instituted for quashing the impugned orders dated 8.5.1986, passed by the Prescribed Authority and dated 21.4.2001, passed by the appellate authority, contained in Annexures-7 and 18 respectively to the writ petition allowing the release application of the respondent-landlady.

(2.) Briefly stated, the facts of the case are that late Ram Govil was tenant of a shop situated at Ansari Road, Bulandshahr since 1941. Smt. Maqsoodan purchased the aforesaid shop on 11.12.1979 from Sri Ganesh Datt, the erstwhile landlord. She moved Release Application No. R.C. 31 of 1984 under Sec. 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') for the need of her son-Shamshad Ahmad. In the release application, the respondent No. 1-landlady prayed that the shop was urgently required as her husband intended to start business of repairing arms from the disputed shop for her son-Shamshad Ahmad.

(3.) The release application was contested by the petitioner-tenant by filing written statement and denying the contents of the release application and alleging that the need of the landlady for her son was not bona fide and genuine and the release application had been moved with the mal-intention of harassing him. It is also alleged that the landlady was in possession of two other shops having basement as well situated at Ansari Road, near Chowk Bazar which were in the use and occupation of Sri Imtiaz Ahmad, husband of the landlady. The petitioner further alleged that the purpose of getting release of the disputed shop was said for starting business of repair of arms whereas the same business is being run by the husband of the landlady from the aforesaid two shops.