RAJENDRA SINGHAL Vs. GULSHAN CHABAQ

JUDGEMENT

(1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner, tenant of the accommodation in question, which is a shop, has challenged the order dated 24th December, 2005, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, hereinafter referred to as 'the Act', whereby the appellate authority has allowed the appeal filed by the respondent-landlord and set aside the order dated 19th August, 2004 by which the prescribed authority under 'the Act' has rejected the release application filed by the respondent-landlord.

(2.) The brief facts of the present case are that Gulshan Chabaq, who is owner and landlord of the accommodation in question to which the petitioner is tenant filed an application under Section 21(1)(a) of 'the Act', before the prescribed authority with the prayer that the accommodation in question, which is a shop, requires bona fide by the respondent-landlord for settling down his son in the business and further the daughter of the landlord being a practicing advocate requires accommodation for establishing her chamber. It is further stated that since the petitioner-tenant has already an alternative accommodation when he has constructed a building at 142, Ganj Bazar, Meerut, which is a residential as well as commercial accommodation where the petitioner-tenant can shift his business from the accommodation in question.

(3.) The aforesaid allegations of the respondent-landlord were denied by the petitioner-tenant stating that the petitioner is the tenant of the accommodation in question, which is a shop. It is submitted by the tenant that since the tenant is regularly paying the rent to Kusum Chabaq, therefore relationship of landlord and tenant is between the petitioner-tenant and Kusum Chabaq. The present application for release of the accommodation in question by respondent-landlord Gulshan Chabaq therefore is not maintainable.