CHHEDI LAL Vs. KEDAR NATH

JUDGEMENT

(1.) THIS is a tenant's petition. It arises out of proceedings in respect of shop no. Sa-20/162-A, Paigambarpur, Varanasi of which the petitioner is a tenant and running a flour mill (Atta Chakki) therein, of which the respondent is the landlord.

(2.) KEDAR Nath, respondent, landlord has got four sons namely Bhairav Nath, Kailash Nath, Sobh Nath and Bhagwan Das. All are married and they have got their children also. The release of the disputed shop was sought for under Section 21(1)(a) of U.P. Act No. 13 of 1972 on the ground that Bhagwan Das (one of the sons of the landlord) aged about 32 years is unemployed and unengaged in any business, profession or vocation. To establish him in Kirana business, the release of the shop in dispute was sought for. It was also pleaded that the tenant has got his residential accommodation adjoining to the shop in dispute, 15-20 ft. away, wherein there is an open court-yard with sliding door, abutting the road which can easily be converted into a shop if so desired by the tenant. The said release application was contested on the pleas inter-alia that all the sons of the landlord are gainfully engaged in family business of foodgrain commission agency which is being carried on from a shop no. K 43/50-A-I situate at Bisheshwarganj. In other words, Bhagwan Das whose need was set up in the release application is engaged in the family business along with the landlord and his other sons. As regards the availability of alternative shop to the petitioner tenant at his residence is concerned, it was submitted that there is no power connection of 10 H.P. which is required to run an Atta Chakki therein and the said accommodation is residential one. It was also pleaded that the landlord has got two shops out of which one is in the tenancy of Punwasi who is carrying on tea business therein and another is in the tenancy of one Lalji. These shops can be easily occupied by the landlord by seeking the eviction of the tenants therefrom.

(3.) THE Prescribed Authority as well as the appellate court found concurrently that the landlord has got no other shop wherein his son Bhagwan Das can be accommodated. The business at Bisheshwarganj shop is being carried on by one of his sons Bhairav Nath. The documents such as assessment orders passed under Sales Tax Act and under the Income Tax Act and copy of the licence obtained from the Food Department were produced to support the plea that the business under the name and style of 'Bhairav Nath Kailash Nath', which is being carried on from the shop situate at K 43/50-A-I is being exclusively run by Bhairav Nath. The courts below also found that the petitioner tenant's house is just adjoining the shop in question and there is an open court-yard facing the main road having a sliding door which can be easily converted into a shop by affixing a shutter. The need set up to establish Bhagwan Das in an independent business was found to be bonafide and genuine. On the question of comparative hardship, it was found that it is the landlord who will suffer greater hardship in case the release application is rejected than the tenant. The tenant can easily shift his business to the adjoining residential accommodation having facility to open Auta Chakki business therein.