BHAGWAN DAS GUPTA Vs. XTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed by the petitioner, who was the tenant of the accommodation in question. The prayer is for quashing the judgment and order dated 11th November, 1997, passed by Xth Addl. District Judge, Aligarh in appeal and the order dated 19th March, 1997, passed by the prescribed authority/I Addl. Civil Judge, Aligarh.

(2.) THE relevant facts for the purpose of the present writ petition are that an application under Section 21(1)(a) of U.P. Act No. 13 of 1972, hereinafter referred to as Act only was filed by Shri Dhani Ram respondent No. 3 against the petitioner for release of the shop situate in Mohalla Mamoo Bhanja, Aligarh, wherein Municipal No. 13/36 hereinafter referred to accommodation only. The landlord urged in his application for release that he carries on the business of hardware and parts of agricultural equipment but he wants to diversify into dealing with the Electronics goods and sales of fans, coolers, geysers etc. and for expansion of his business he requires the accommodation in the tenancy of the petitioner. It was further stated that the landlord's family has growing need and he has four daughters and two sons to settle in their life. For these settlements the accommodation in tenancy of the petitioner is required.

(3.) THE case was contested by the petitioner on a number of grounds. It is stated that the nature of the applicant's business does not require any show- room as it is a general trading business and not dealing in the local purchase and supply to the customers direct from the place of his business. The daughters of the applicant are not of marriageable age and the sons are also of the tender age. The purchase of the building by the tenant was also denied. The existence of business in Mamoo Bhanja Road was not denied but it was stated that tenant has no concern with M/s Quality Electronics, Mamoo Bhanja, M/s Super Electronics, Mamoo Bhanja. It was also stated that he has no concern with the M/s Premier Industries. It was stated that the tenant was carrying on the business of sales of service of Radios and transistors under the name and style of Madhur Bani Radios in the shop in question. It is the only source of getting bread and butter/livelihood the tenant. It was also stated that now due to induction of television the sale of new radios and transistors is affected, hence he is paying more attention towards repairing or sale of parts of the radios and transistors. He has knowledge and experience of repairing radios and transistors. It was stated that the shop in question is part and parcel of the building which was previously owned by Sri Nain Sukh Dass, who had two wives. Out of one wife, son Mool Chand was born and from second wife the applicant was born. Mool Chand died leaving his widow Smt. Kailash Devi and his daughter. So, present application is not maintainable by the applicant and is barred by Rule 15 framed under the Act. There is no partition in the family of the applicant also. It is stated that the tenant has earned good will from the shop in question and to change and shift the business place will completely ruin the business of the tenant, whereas the applicant has got alternative accommodation suitable to his business in which there is a potential area. It is also stated that newly purchased land at Mahendra Nagar near Royal Talkies, Aligarh cannot be used for business purpose, but residential house is being constructed by the wife of the tenant to accommodate herself and her two sons who were likely to be married and the building situate at Mehru Gali is very small one in a narrow gali 2 to 2-1/2 feet wide, which is being used as a godown of cassettes of M/s Five Star Electronics, the wholesale business run by the wife of the tenant with which the tenant has no concern. It is also stated that the applicant also possesses seven shops of big space of about 4000 sq. metres at G.T. Road near Bhakarwali and the said shop is left vacant. The applicant can establish his business there. It is also stated that the applicant carried on money lending business.