JAGDISH SARAN Vs. PRASHANT KUMAR DUBLISH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord-respondent on the ground of bona fide under Sec. 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P.A. Case No. 2 of 2002. Prescribed Authority/Civil Judge (Junior Division) Sardhana, Meerut through judgment and order dated 21.4.2008 dismissed the release application. Against the aforesaid judgment and order landlord respondent filed Misc. Appeal No. 64 of 2004, A.D.J., Court No. 8, Meerut through judgment and order dated 21.11.2006 allowed the appeal, set aside the judgment and order passed by Prescribed Authority and allowed the release application of the landlord hence this writ petition by the tenant.

(3.) Property in dispute is a shop rent of which is Rs. 100.00 per month. In the release application landlord pleaded that he required the shop for his son Sushant Dublish. It was further stated that after passing B. Com. son of the landlord was not employed anywhere and was not doing any business, hence shop in dispute was required to settle him in General Merchant business. Tenant pleaded that son of the landlord was receiving higher education/doing the course of Chartered Accountant and also preparing for comparative examinations like I.A.S. etc. Prescribed Authority rejected the application on the ground that son of the landlord was doing C.A. course and this fact was not disclosed in the release application and that after doing Chartered Accountant course he was not likely to do General Merchant business.