NATTHU LAL Vs. GOPAL

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned Senior Counsel assisted by Sri Manish Tandon and Sri Manas Bhargava, learned counsel for the landlord-petitioner and Sri Jamvant Maurya, learned counsel appearing for the contesting tenants-respondents nos.1 and 4, who are stated to be in possession of the shop in dispute.

(2.) Present petition has been filed for quashing the order dated 23.1.2016 passed by appellate court in Rent Control Appeal No. 118 of 2012 (Natthu Lal Vs. Gopal and others) as well as order dated 17.2012 passed by Prescribed Authority / Ivth Civil Judge, Senior Division, Varanasi in P.A. Case No. 27 of 2006.

(3.) Release application was filed by the landlord-petitioner herein against the tenant-respondent in the year 2006 on the ground of need of his son Kanhaiya Lal and his daughter-in-law, Meenakshi also as she also wants to do her individual business and as such the need of the family has increased. The aforesaid release application was rejected by the prescribed authority vide order dated 12.7.2012 making an observation that the son of the landlord and his daughter-in-law both are educated and can do some other business also, and therefore, the need of the landlord is not bonafide. It was further found that the shop in possession of the landlord is a very big shop and therefore, if his son wants to have a separate business he can divide the shop and can establish his business in one shop. The appeal filed by the landlord-petitioner was also dismissed by the lower appellate court. It may be relevant to note that both the courts below have taken into consideration the earlier litigation regarding release of the shops, which was rejected and the appeal against the same was also rejected and thereafter, the writ petition filed before this court was also dismissed, however, the rent was enhanced to Rs. 500.00 by the Court. The said release application was filed in the year 1989.