WAQAR ALAM Vs. ADDL. DISTRICT JUDGE AND ANOTHER

JUDGEMENT

(1.) HEARD Sri S.M. Fazal assisted by Sri P.R. Ganguly, learned counsel for the petitioner and Sri Arun Kumar Singh I, learned counsel appearing for the respondents.

(2.) THIS writ petition has been filed for quashing the order dated 20.11.2009 passed by respondent no.1, Annexure-4 to the writ petition by which the appeal filed by the respondent-landlord has been allowed. The respondent being landlord filed an application under Section 21 (1) (a) of Act No. XIII of 1972 for release of the shop in question on the ground to establish his son. The Prescribed Authority after considering the need of the parties was pleased to dismiss the application holding therein that the need of the landlord is not genuine and bonafide and as other shops are also available which are on rent and no efforts have been made by the respondent to get it vacated and during this period one of the sons has opened the shop of readymade garments, therefore, the need of landlord -respondent is not bonafide and genuine but the appellate court vide its order dated 20.11.2009 was pleased to allow the appeal filed on behalf of the respondent-landlord holding therein that every adult member of the family has a right to be settled down in the independent business and further it has been held that the need of the landlord is more genuine and bonafide. The tenant aggrieved by the aforesaid order has filed the present writ petition.

(3.) ON the other hand Sri Arun Kumar Singh, learned counsel for the respondent submits that it is not the case of the tenant that during the pendency of the proceeding any shop which was on rent, has been got vacated and it has been rented out by the landlord. Further the court or the tenant cannot suggest that he can do the business on the nearby shop after taking it on rent. Further submission has been made that the appellate authority has recorded a finding of fact that the tenant, during this period, has not made any effort to make any alternative accommodation.