GOPAL SHARMA Vs. XIVTH ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) THIS writ petition was heard alongwith Writ Petition No. 3395 of 1985, between the same party, but it was thought desirable to deliver a separate judgment in the present writ petition since the issues raised in the two petitions are different.

(2.) THE petitioners are the tenants of a shop, bearing four Numbers i.e., 147, 158, 159 and 160, situate at Lajpat Rai Market (New Market) Begum Bridge, Meerut. THE respondents No. 2 and 3, Desh Raj Chugg and Mohit Kumar are the owners and landlords of the said shop which was purchased by them on 31.8.1984. Satya Pal Sharma, the father and predecessor-in-interest of the petitioners was the original tenant of the said shop, who died on 6.12.1986.

(3.) THE parties led evidence in support of their respective cases. THE prescribed authority by its judgment and order dated 21.1.1991, rejected the release application on the finding that the landlord is a rich man and is doing business and his son is also engaged in the business of his mother. THE elder son, Ravindra Kumar has married and well established and as a matter fact, the landlord purchased the shop by way of a registered deed even at the time when he was in service and was running a factory in the name of his wife. THE explanation given by the landlord that Ravindra Kumar is looking after the business of his mother as stop gap arrangement and was subsequently engaged in service was rejected on the ground that "it appears that now Ravindra Kumar is doing service and after marriage he is well settled. In this regard no affidavit of Ravindra Kumar himself has been filed. It is also not stated by the applicants that how much approximate income the applicants could earn from the business of General Merchant and what salary at present Ravindra Kumar is drawing from his alleged stop gap arrangement service........"