GANESHI BAI AND OTHERS Vs. SURENDRA KUMAR JAIN

JUDGEMENT

(1.) HEARD Sri K.K.Tiwari, learned counsel for petitioners and Sri R.R.Tiwari, learned counsel appearing for respondent. 1. This writ petition has been filed for quashing the orders passed by prescribed authority dated 23.2.2008 and order dated 11.9.2009 passed by Additional District Judge,Court no.5, Jhansi in Rent Appeal No.8 of 2008 (Smt.Ganeshi Bai Vs. Surendra Kumar Jain).

(2.) IT appears that respondent-landlord filed release application under Section 21(1)(a) of the Act No.13 of 1972 to set up himself in the business in premises in dispute. Written statement was filed by tenants-petitioners denying the allegation made in release application that shop in question is only 4=6ft in which landlord cannot do Kirana business as alleged. Further it has also been stated that landlord-respondent is having many shops available in the vacant stage. It was further alleged in written statement that during pendency of application, shop has been got vacated and shutter has been installed and that is being used as shop. A spot inspection was also made and from perusal of Commissioner's report, it is clear that it is a shop in which two shutters are there and there is no window or door and it is not being used as residential purposes but is being used as commercial purposes.

(3.) LEARNED counsel for petitioners submits that from perusal of release application filed by landlord a specific averment has been made that he wants to start his own business of Kirana in the said shop but subsequently, without amending the application has stated that shop is also required for his son. This is not permissible becuase unless and until application is amended and evidence is pleaded it cannot be accepted by authorities below. Further submission has been made that in the application under Section 21(1)(a) of the Act, respondent-landlord has clearly stated that as two sons are involved in Kirana business but subsequently without amending the application need of one son has been established.