SURESH PRASAD Vs. A.D.J. AND ORS.

JUDGEMENT

(1.) Heard Sri H.N. Singh, learned counsel for the petitioner and Sri Siddharth Nandan, learned counsel for the respondents.

(2.) This is the tenant's petition challenging the order of release of the shop situated on the ground floor of the building at Miyan Bazar, South Gate, Kotwali Road, Gorakhpur owned by respondent no.3.

(3.) The release application under Section 21(1)(a) of U.P. Act No.13 of 1972 (hereinafter referred to as 'the Act'), has been filed by the landlord on the ground that the shop in question is needed for his son Manish Srivastava, who is unemployed. It is also stated that the landlord had retired from the post of Senior Assistant, District Supply Office, Gorakhpur in the year 2007, he would assist his son. His elder son Manish was earlier preparing for the competitive examinations and had taken a temporary job in HDFC Bank, Gorakhpur as a Sales Executive in December 2006. However, he had to resign in compelling circumstances in the month of November 2007. He again took a job in November 2007 in IDBI Bank, Gorakhpur which he had to leave in August 2008. Since thereafter, he is sitting idle and has lost hope of getting a decent job.