NAQEEB AHMAD Vs. MOHAMMAD ASLAM

JUDGEMENT

(1.) This petition has been filed by the petitioner - tenant praying for setting aside of the order dated 26.04.2018 and the order dated 10.11.2017 passed by the Additional District Judge, Court No. 1, Jhansi in Rent Control Appeal No. 02 of 2017. Further prayer has been made to dismiss the release application filed by the respondent-landlord.

(2.) It has been argued by Shri Pankaj Agarwal, learned counsel for the petitioner-tenant, that the petitioner-tenant was inducted in the shop at ground floor of a building bearing Municipal No. 48/1, situated at Mohalla-Sarrafa Bazar, Jhansi by the erstwhile owner and landlord of the building, Shri Ashfaq Khan. In the year 2002, the entire property was purchased by the respondent-landlord Mohd. Aslam Khan through a registered sale deed. The respondent-landlord is a big businessman, having business of electronics appliances and is currently running his business from two places. However, he filed a release application under section 21(1)(a) of the U.P. Act No. XIII of 1972 seeking release of the shop in question for setting up his own business on the ground that his business of electronics appliances currently being run from a tenanted shop bearing No. 72/1, Gusainpur, Jhansi and he is now being asked to vacate the said shop by the landlord of the said shop. The petitioner-tenant filed objection to the release application, in which in paragraph nos. 22, 23, 24, 26, 28 and 29, the petitioner-tenant gave details of various accommodations available to the respondent-landlord, which could very well be used by him for running of his business in case he has such need. Although some of the accommodations was in different premises, but at least, three more shops were in the same premises lying in vacant possession of the respondent-landlord, which could have been utilized by him for setting up his electronics appliances business, if his need is so.

(3.) The landlord had, in his reply to such objection, vaguely stated that he had sold the other shop in the same premises to the tenants already in occupation of said shops and he had only one shop in his possession, which is too small for running his business of electronic appliances in the same premises.