MOHD. SUBRATI Vs. MOHD. RAEES & 2 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner; Sri Kashif Zaidi for the plaintiff-respondent no.1 and perused the record.

(2.) The present petition has been filed by the tenant challenging the order of release dated 212009 passed by the Prescribed Authority/Civil Judge (Senior Division), Etawah in P.A. Case No.14 of 2003 by which the shop in question has been released in favour of the landlord under Sec. 21(1)(a) of U.P. Act No.13 of 197 The petitioner has also challenged the order dated 20.12016 by which the Additional District Judge/Special Judge (E.C. Act), Etawah (Appellate Authority) has dismissed P.A. Appeal No.1 of 2010 preferred against the order dated 212009.

(3.) The respondent no.1 (landlord) filed release application against the petitioner for release of the shop in dispute in his favour to enable him to do general merchandise business. It was claimed that the landlord was not gainfully employed and, therefore, the shop in question was required. The release application was contested by taking a plea that in the house of Mohd. Akhtar (the father of the release applicant) a power loom was operating by which garments, etc., were prepared and the entire family of the release applicant was involved in that business and, therefore, the release applicant had no bona fide need for the shop in question. In addition to above, it was pleaded that the tenant had been doing business from the disputed shop for a long period of time and had earned goodwill. Therefore, in case the release application is allowed, he would suffer greater hardship.