ASHOK KUMAR Vs. VIITH ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 9.2.1996 passed by respondent No. 1 allowing the appeal filed by respondent Nos. 2 and 3.

(2.) The dispute relates to a shop situated in Gandhi Colony, North Pachenda Road. Muzaffarnagar, wherein the petitioner, as a tenant of respondent Nos. 2 and 3, is carrying on business of cycle repairing, etc., for the last more than 22-23 years. Respondent Nos. 2 and 3 moved an application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (hereinafter to be described as the 'Act'), against the petitioner for the release of the disputed shop alleging therein that the husband of respondent No. 3. Sri Khem Chand, was going to retire shortly on 30.9.1993 from Government service as Tehsildar and after his retirement, he would involve himself in business activity with his son Raj Kumar who was aged about 23 years and was yet unemployed. They both desired to set up the business of motor parts and since no other accommodation was available, the disputed shop was bona fide and genuinely required for that purpose. It was also pleaded that since the tenant has available with him other alternative accommodation, he would not suffer any hardship if he vacated the disputed shop.

(3.) The petitioner contested the release application on a number of grounds, the main defence being that both Khem Chand and his son Raj Kumar were already engaged in a flourishing business of 'DAIRY' and the respondents were having other accommodations also where their family members were carrying on business. Thus, according to the tenant-petitioner, the need set up in the release application was not real but only a fanciful wish.