MEWA LAL Vs. LAV KUSH KUMAR

JUDGEMENT

(1.) THESE two writ petitions were heard together and are being disposed off by a common judgment as was suggested by the learned Counsel for the parties. They jointly gave a statement that identical controversy is involved in both the writ petitions and the judgment rendered in the writ petition of Mewa lal will also cover the controversy involved in the case of Vishnu Bhagwan and others.

(2.) THE Writ Petition No. 22330 of 2002 was treated as the leading case. THE facts in brief may be noted. Respondent Lav Kush Kumar filed an applica tion under section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 (hereinafter referred to as the Act) for ejectment of the petitioner on the ground that the said accommodation is bona fide required by him to establish his son Atin Kumar in retail business of utensils and for residential purposes as well. THE accommodation in dispute consists of one shop and also residential accommodation. It was stated that Atin Kumar has now become major and the shop is needed to establish him in a business. THE residential portion shall be utilized by Atin Kumar for his resi dential purposes. THE release application was contested by denying the facts as stated therein. THE petitioner tenant also stated that the landlord has got no son and Atin Kumar's need is irrelevant.

(3.) I have given careful consideration to the aforesaid submission of the learned Counsel for the petitioner. At the outset, it may be noted that the shop which was vacated is not exclusive property of the respondent landlord but the said property is a joint property of the respondent landlord and his brother Awadhesh Kumar. The said shop cannot be taken into account for considering the bona fide need of the respondent landlord. Indisputably, the respondent landlord is a co-sharer in the said shop and the said shop was got vacated by his brother Awadhesh Kumar who entered into compromise with the outgoing tenant. He got the said shop vacated for his need.