SHANTI PRASAD Vs. NAVONDRA RAM AND OTHERS

JUDGEMENT

(1.) This is a tenant's petition, The premises are a shop. The landlord moved an application under Sec. 21 (a) of U.P. Act No. XIII of 1972. seeking release of the shop in possession of the tenant on the ground that his son has come of age and needs to be set up in business by setting a general merchandise store. The shop is in the vicinity of the landlord's house.

(2.) The Prescribed Authority allowed the release application and the IVth Additional District Judge, Pilibhit, confirmed the order of the Prescribed Authority dated 23-9-1985 that the shop in question be released in favour of the landlord.

(3.) In appeal before the Additional District Judge only three issued were debated. First, that the Prescribed Authority was not a validly instituted court. Second, the application of the landlord was not bona fide in seeking release of the accommodation and, third, if the accommodation is released the hardship would be greater to the tenant. The first point challenging the jurisdiction of the Prescribed Authority to constitute a court was argued unsuccessfully and subsequently given up.