ANNAPURNA GUPTA Vs. DWARIKA NATH

JUDGEMENT

(1.) RAKESH Tiwari, J. This is landlady's petition challenging the validity and correctness of judgment dated 12-9-2005 passed by Special Judge (S. C/s. T. Act) in Rent Control Appeal No. 115 of 2004 setting aside the judgment and decree dated 27-9-2004 passed by the Prescribed Authority/additional Judge, Small Causes Court, Allahabad in P. A. Case No. 21 of 1994.

(2.) SMT. Annapurna Gupta petitioner (landlady) filed release application, registered as P. A. Case No. 21 of 1994 under Section 21 (l) (a) of he U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') against Sri Dwarika Nath respondent on the ground of bona fide need of the disputed accommodation comprising of three doors shop for her three adult sons S/sri Sandeep Kumar, Pradeep Kumar and Sudeep Kumar.

(3.) THE respondent-tenant moved amendment application dated 2-9- 2003, appended as Annexure 3 to the writ petition, before the Prescribed Authority to bring on record the factum of acquisition of the aforesaid shop on the first floor of a building in Katra, near Ram Mandir, which was objected by the petitioner-landlady by means of replica, appended as Annexure 4 to the writ petition, categorically stating that the shop on the first floor near Ram Kandir, Katra was purchased under compelling circumstances as Sri Sandeep Kumar was sitting idle. Since the said shop was on the first floor, the business could not flourish hence possession of adjoining shop had been taken from the tenant in pursuance of compromise in which business of sanitary wares was being carried on by Sri Sandeep Kumar, her son.