JAI RAM GUPTA Vs. JAI RAM VERMA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE three writ petitions have been filed by the same landlords whose release applications under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, filed on the ground of bona fide need against tenants who are respondent No. 1 in each of these petitions have been rejected. The properties in dispute are three shops adjoining to each other. One shop each is in possession of the respondent No. 1 in each of these writ petitions. The need set up in the release application was that the landlords wanted to settle their son in business who intended to open a departmental store after demolition of the three shops and constructing a new big shop for being used as departmental store. Release application against tenant Ghanshyam Das Sunar since deceased and survived by Jairam Verma was registered as Rent Case No. 27 of 1991, release application against Bhoop Chandra Sharma was registered as Rent Case No. 35 of 1991 and release application against Palak Dhari was registered as Rent Case No. 12 of 1992. Prescribed Authority/Special C.J.M., Kanpur allowed the release applications through common judgment and order dated 14.11.1994. Against the said order three appeals were filed being Rent Appeal No. 128 of 1994, 140 of 1994 and 17 of 1994.

(3.) THE tenant had also contended that towards the other side of the property in dispute there was a big shop let out to another tenant by the landlords and that shop was on the main road (Meston Road) which could have better satisfied the need of the landlord for opening departmental store, hence landlord should have filed release application against the said tenant. It was further contended by the tenants that property in dispute was situate on narrow lane/road. This contention was also rightly rejected by the lower appellate court. Out of several tenants, landlord is at complete liberty to file release application against any one.