S U ASHRAM Vs. ADJ

JUDGEMENT

(1.) The writ petition is restored to its original number.

(2.) By means of the present writ petition, the petitioner has challenged the orders of release of the shop in question which exists in a place known as Mandawar situated near the District Headquarters of Bijnor. The release application was filed in the year 1989 on the ground that the applicant-landlord required the shop in question for his business. It was categorically stated in paragraph 2 of the release application that the applicant landlord completed his education from Agra University and thereafter made an effort to get an employment but had failed and he wanted to start his business in the shop in question. In paragraph 5 of the release application, it is stated that the applicant landlord was not doing any business from the shop at a place known as Chandak nor his family reside at that place. He wanted to do grocery/Kirana business in the shop in question for his livelihood and of his family. The shop was purchased in June, 1980 and six month's notice as required under the U.P. Act No. 13 of 1972 was given on 6.12.1988 asking the opposite party to vacate the shop in question for the need of the landlord.

(3.) In paragraph 8A of the release application it is stated that the opposite party had taken another shop in the nearby market place which belonged to one Shri Narender Verma son of Shri Hori Lal Verma and was using it as a store for this shop. The opposite party tenant thus could get another shop in the locality for its business.