PRADEEP KUMAR Vs. THE ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 29.9.1997, passed by the Prescribed Authority, respondent No. 2, allowing the release application filed by the landlord -respondents in respect of accommodation in question, and the order dated 13.10.1998, passed by the Appellate Authority, respondent No. 1, dismissing the appeal against aforesaid order. The facts of the case in brief are that respondents 3 and 4, are the landlord of the accommodation in question of which the petitioners are tenants. The landlord -respondents filed application for release of the disputed accommodation on the allegations that they were carrying on business of food grains in 24, Hanuman Chowk, Dehradun, and the extent of area of said shop is 30 ft. X 10 ft. which is hardly sufficient for their purpose.

(2.) THE petitioners contested the said application and it was denied that the need of landlord -respondents was bona fide. The Prescribed Authority allowed the application by the order dated 29.9.1997, and the Appellate Authority dismissed the appeal filed against said order. These orders are under challenge in the instant writ petition.

(3.) THE main thrust of the submission of the learned counsel for the petitioners is that the requirement of additional accommodation claimed by the landlord -respondents, is not bona fide and the Prescribed Authority as well as the Appellate Authority did not consider further that the accommodation could have been released only in part. It is further contended that the release application is only in respect of godown and not for carrying on business of food -grains in the disputed accommodation. A copy of the release application has been filed as Annexure 1 to the writ petition. In para 14 of the said application, it is stated that Shri Dharam Prakash, one of the landlords, was carrying business jointly of whole -sale food -grains and commission Agents under the name and style of M/s. Nathi Ram Dharam Prakash. The said business is being carried on in 24 Hanuman Chowk Dehradun which is a rented shop accommodation. The mother of the landlords owns this property. Shri Nathi Ram is their father. It was his desire that Ajay Gupta, his one of the son, should be absorbed in the business of food -grains.