RAM CHANDER Vs. IVTH ADDL. DISTRICT JUDGE, MEERUT

JUDGEMENT

(1.) THIS petition has been filed by the petitioner against the judgment and order dated 19th January, 1988 passed by IVth Addl. District Judge, Meerut and judgment and order dated 9th November, 1981 passed by the Prescribed Authority, Meerut. I have heard the learned Counsel for the petitioner, Sri. V.S. Saxena, and Mr. P.K. Jain, learned Counsel for the respondents.

(2.) THE brief facts stated in the writ petition are that an application under Section 21(1)(a) of the UP. Act No. 13 of 1972 was filed by the petitioner in respect of shop No. 11/4, Shahpeer Jadid, Rajput Quarters, Meerut City for release of the accommodation in question on the ground that the petitioner is carrying on the business of sale of tobacco at 11, Purva Ahiran, Meerut and opposite party No. 3 is the tenant in the disputed shop carrying cloth business. It was stated in the application that the petitioner is carrying on business of sale of tobacco in a shop which is very small one and he is feeling difficulties in storing the tobacco on account of small dimension of the shop, hence he is in great need of the disputed shop for storing tobacco. It is stated that the Prescribed Authority rejected the application of the petitioner on the ground that the petitioner has no bonafide need for the release of the disputed shop, because he has another shop known as Shiv Saree Bhandar in his possession. It is further stated that an appeal filed by the petitioner has also been dismissed, hence he has filed the present writ petition.