RAJ PAL Vs. SMT KAMLA DEVI AND ANR

JUDGEMENT

(1.) The tenant has sought the quashing of the order dated 23rd February, 2007 by which the Prescribed Authority allowed the application filed by the landladies under Section 21(1)(a) of the U.P. Urban Buildings, (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act ) for eviction of the tenant from the shop in dispute. The petitioner has also sought the quashing of the judgment and order dated 17th March, 2008 by which the Appeal filed by the tenant under Section 22 of the Act for setting aside the aforesaid order of the Prescribed Authority was dismissed.

(2.) The landladies had filed the application under Section 21(1)(a) of the Act for eviction of the tenant from the shop in dispute on the ground that it was bona fide required by Anurag Sharma, son of Smt. Vijay Lata Sharma applicant No. 2, for opening a showroom of readymade garments; that Anurag Sharma had done M.A. in (Sociology) in 1986 and was married and had two children but was sitting idle with no employment or business and, therefore, bona fide required the shop in dispute; that the tenant was actually doing a casual petty business of selling iron chain for animals from the shop in dispute and, in fact, he was doing the main business of supplying locks from his residential house and did not require the shop in dispute at all.

(3.) The tenant filed a reply to the aforesaid application asserting that Anurag Sharma was not unemployed but was in possession of another shop of the landladies from where he was doing business of hardware material and that he was also doing readymade garment business with one Sri Laxmi Narayan from another shop; that the applicants had recently let out two shops to two different persons and in case the need of Anurag Sharma was bona fide, one shop could have been retained and that the tenant was likely to suffer greater hardship in the event the application was allowed.