(1.) Heard Sri Sanjiv Singh, learned counsel for the defendant-petitioner/tenant and Sri Rafiuddin Ansari, learned counsel for the plaintiff-respondent/landlord.
(2.) This petition under Article 227 of the Constitution of India has been filed praying for the following relief:
(3.) Briefly stated facts of the present case are that undisputedly plaintiff-respondent is the owner and landlord of disputed shop situate in Mohalla - Miya Bazar, Bank Road, City Gorakhpur. In the said shop the father of the defendant-petitioner was tenant since the year 1955. After his death the tenancy was succeeded by the defendant-petitioner. According to the defendant-petitioner he is a tenant at a monthly rent of Rs.275/- while according to the plaintiff-respondent he is tenant at a monthly rent of Rs.875/-. The family of the plaintiff-respondent/landlord consists of his wife and five sons. The first, second and fourth son are employed. The fifth son is unmarried. The third son, Syed Akhtar Mahmood, is also married and he has two children. The plaintiff-respondent has filed the release application being P.A. Case No.21 of 2012 (Syed Mahmood Ali Vs. Manzoor Alam) setting up the bonafide need of the disputed shop for establishing business by his third son, namely, Syed Akhtar Mahmood, who has experience in furniture trade. Evidences were led by the parties before the Prescribed Authority who passed the impugned judgment dated 30.9.2015 allowing the release application on the finding that the plaintiff-respondent is in bonafide need of the disputed shop and comparative hardship is in his favour. He also recorded a finding of fact that the defendant-petitioner has not made any effort to search for any alternative accommodation rather he took the stand that there is high premium in the locality for taking a shop on rent, therefore, he can not take another shop on rent. Aggrieved with the judgment dated 30.9.2015 passed by the Prescribed Authority/Judge Small Cause Court, Gorakhpur, the defendant-petitioner filed a Rent Appeal No. 07 of 2015 (Manzoor Alam Vs. Syed Mahmood Ali) which has been dismissed by the impugned judgment dated 20.1.2018, passed by the Additional District Judge/Special Judge E.C. Act, Gorakhpur. Aggrieved with these two judgments, the defendant-petitioner has filed the present petition under Article 227 of the Constitution of India.
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