JAGDISH PRASAD Vs. XTH ADDITIONAL DISTRICT JUDGE SITAPUR

JUDGEMENT

(1.) The petitioner has challenged the order dated 31st October, 1985 of Xth Additional District Judge, Sitapur, whereby the appeal against the Judgment of the Prescribed Authority has been allowed.

(2.) Brief facts of the case are that the petitioner Jagdish Prasad and one Akhtar Khan were inducted as tenants in two shops by its owner Raja Charan. The shops were situated in Tamsen Ganj, Sitapur. The shops were under mortgage with Smt. Kokila Devi and both the tenants including the petitioner, were paying rent to the said mortgagee. Mohammad Suleman on payment of mortgage amount to Smt. Kokila Devi, stepped into her shoes. Said Mohammad Suleman in his own rights, moved an application under Section 21 of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) for eviction of both these tenants on the ground of personal necessity. He" claimed that he has no other shop in this town and he is doing business of manufacturing and also of boxes in the house, which is not suitable for his business. Besides, that the house in which he is doing his business of manufacturing and selling of boxes is too small and he along with his family members, which consisted of 3 brothers and other members, resides in the same. On the personal requirement of the shop he requested the tenants to vacate the premises several times earlier to the filing of the application. Both the tenants contested the claim. The other tenant Akhtar Khan in his written statement claimed that he is petty Tea Seller since 1954 and he has no other place where he can shift his business and it would be case of more hardship in case his eviction is passed. He, however, admitted that the applicant was manufacturing and selling boxes. The Prescribed Authority after considering the case of Akhtar Khan tenant on the basis of comparative hardship alone rejected the claim of his eviction.

(3.) The present petitioner, who is the tenant in other shop in his written statement filed his objections to his eviction claiming that the brothers of the applicant were doing their business separately and have no concern with the residential accommodation, he has a residential house in Mohalla Alam Nagar and an Industry of preparing and selling of boxes in that Mohalla. He claimed that he has no other shop and he is doing the business of selling aluminium utensils and work of 'Gillet' in the shop. He denied if the need or requirement of the applicant was bona fide or genuine one.