DR. AKHILESH KUMAR GUPTA Vs. SMT. SHANTI DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri B.N. Agarwal for the landlord respondent.

(2.) The present petition has been filed against the judgement and order dated 210.2016 passed by District Judge, Jalaun at Orai in Rent Appeal No. 3 of 2015 by which the appeal of the tenant petitioner against the release order dated 18.3.2015 passed by the Prescribed Authority in P.A. Case No. 2 of 2013, has been dismissed and the order of the Prescribed Authority has been upheld. The petitioner has also challenged the order dated 18.3.2015 passed by the Prescribed Authority in P.A. Case No. 2 of 2013.

(3.) A perusal of the record would go to show that the release application under section 21(1)(a) of the U.P. Act No. 13 of 1972 was filed by the landlord respondent for release of a shop of which the petitioner was claimed to be a tenant. According to the landlord, the shop in dispute was required for employment of landlord's second son, namely Madan Mohan Tiwari, who was stated to be an unemployed graduate. The shop in dispute was sought for setting up book shop. The release application was contested by alleging that the landlord is a moneyed person and that the second son of the landlord was having income from agency of post office and therefore shop in question was not required. It was also suggested that there was another alternative accommodation available with the landlord at another place. The petitioner also claimed that he had no settled employment and therefore shop in question was used as a clinic as well as a medical store which was being run by his wife as Pooja Medical Store.