SURESH CHANDRA GUPTA Vs. SMT. MUNNI DEVI

JUDGEMENT

(1.) Heard Shri Ashish Kumar Singh, learned counsel for the petitioner and Shri Nitin Yasharth, learned counsel for the respondents.

(2.) The respondent filed an application under Sec. 21(1) (a) (b) of the U.P. Act No. 13 of 1972 for release of the premises in question from tenancy, which have been outlined in the application itself. The case of the respondent is that the premises in question comprise of shop and godown of which she is the owner. The petitioner was taken in as a tenant of the said premises on a rent of Rs.250.00 per month. Her case also is that her son Prashant Mishra who is about 21 years of age is of marriageable age and therefore she requires the premises to establish him therein for setting up his own business and that he is not getting married simply because he is unemployed and has no source of income of his own. Her case also is that the tenanted premises is in highly dilapidated condition and would have to be completely demolished and she would have to make new construction thereon for establishing her son's business for which she will have to incur about Rs.1,00,000.00 at least.

(3.) The application was contested by the defendant-petitioner and it was stated that the application is not maintainable since the applicant has sought eviction of the defendant from the entire premises but on the ground floor is the shop and godown and on the first floor there is a room in which the respondent is living and therefore the entire premises cannot be released from tenancy. A commission was appointed and the Commissioner has submitted his report. The Commissioner in his report has stated that the godown and the shop in which the business of tobacco was running has been marked by the alphabets IDEJ. On the first floor the respondent is living with his wife. He stated that the premises are in a highly dilapidated condition. Plaster has fallen from the walls and the bricks can also be seen, the iron rods (saria) are also exposed which extend from the shop for about 3 ft. The iron girder has also rusted. The Commissioner has also mentioned that the condition of the roof is so poor that when two or three persons stand on the terrace the entire room shakes. No doubt the respondent is living in one corner of the premises and there is also a toilet.