SARFARAZ KHAN Vs. RIYAZUDDIN

JUDGEMENT

(1.) Heard Sri Swetashwa Agarwal for the tenant-petitioner; Sri Sumit Daga for the landlord-respondent; and perused the record.

(2.) The present petition has been filed challenging the order dated 07.03.2017 passed by the Additional District & Session Judge/Special Judge (E.C. Act), Meerut in P.A. Appeal No. 229 of 2012 and the order dated 24.09.2012 passed by the Judge Small Causes Court, Meerut in P.A. Case No. 67 of 2008.

(3.) A perusal of the record would reveal that the landlord-respondent had filed a release application for release of a shop of which the tenant-petitioner was in possession on a monthly rent of Rs. 350.00 per month. The release of the shop was sought on the ground that the landlord had two adult sons, namely, Imran and Rizwan, who were unemployed, and therefore the shop in question was required for establishing them in business of copper/peetal for which sufficient place was not available with the landlord, who was somehow managing his own business from a four feet wide gallery adjoining the shop in dispute. The shop in dispute was about 9 feet by 10 feet in dimension. The release application was contested by the tenant-petitioner by claiming that the rent of the shop was not Rs. 350.00 per month but was Rs. 600.00 per month and that just behind the shop of the tenant-petitioner the landlord had a shop admeasuring 9 feet by 10 feet and that the gallery was to be used for the purpose of having access to the said shop but since the gallery had been blocked from the backside, the same was also being used as a place of business. It was thus the case of the tenant-petitioner that the landlord was not only in possession of the gallery admeasuring 4 feet by 20 feet but he also had a shop adjoining gallery, behind the shop in dispute, measuring 9 feet by 10 feet.