BRIJ MOHAN Vs. RAMESHWARI SAXENA AND 3 OTHERS

JUDGEMENT

(1.) Heard Sri Saurabh Srivastava, learned counsel for the petitioner and Sri Manish Tandon, learned counsel appearing for the respondent.

(2.) Present writ petition has been filed seeking quashing of the order dated 23.1.2016 passed by the II-Additional Civil Judge (Senior Division) Kanpur Nagar/Prescribed Authority, Kanpur Nagar in Rent Case No. 10/2006, Smt. Rameshwari Saxena Vs. Satpal & others and judgment dated 25.7.2017 passed by the Additional District Judge, Court No. 1, Kanpur Nagar in Rent Appeal No. 22 of 2016, Braj Mohan Versus Smt. Rameshwari Saxena & others filed as Annexures 12 and 14 to the writ petition. ?

(3.) The landlady filed a release application for need of her son Adesh Saxena who is stated to be a B.Tech and is unemployed and aged about 43 years of age. The same was contested by the tenant. Ultimately, the release application was allowed and the appeal filed by the tenant was allowed and the matter was remanded back to the trial court for decision afresh on the bonafide need, comparative hardship including the question of part release as the contention of the tenant was that the shop is big in size and is measuring 20 x 30 feet and after partition the shop available to the landlady would be 10 x 30 feet.