MUSHTAQ AHMAD RIZVI Vs. JAGANNATH PRASAD AND ANOTHER

JUDGEMENT

(1.) Heard Mrs. Rama Goel Bansal learned counsel for the petitioner and Sri O.P. Lohia learned counsel for the respondent.

(2.) The release application was filed by grandfather namely Jagannath setting up need for his grand son namely Pushpendra son of Chaturbhuj to start bangle business in the shop in question. It is stated in paragraph no.6 of the release application by the applicant/landlord that his son Chaturbhuj is residing in house no. 90, Purani Pasrat, Jhansi. On account of shortage of space in his residential house he is keeping house hold goods in shop no. 284, Sarafa Bazar, Jhansi, measurement of which is 4' x 12' feet which is in the shape of a gallery. It is further stated that it is not possible to do any business in the said portion of the property in question.

(3.) The release was contested by the tenant with the categorical assertion in paragraph no. 24 to 25 -A of the written statement that it is incorrect to state that shop no. 284, which is 4'X 12' feet, is in the shape of gallery rather it is situated adjacent to the shop in question and lies at the ground floor of the building which is a two storied building. One room is also constructed over shop no.284 at the first floor.