VIJAY GANDHI Vs. SPECIAL JUDGE SCHEDULED CASTES

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh, learned counsel for defendant-tenant/ petitioner and Sri B.C. Rai, learned counsel for the plaintiff-respondent No.3.

(2.) Briefly stated facts of the present case are that the disputed house No.182A, Abulane Meerut, was purchased by the respondent/ landlady by a registered sale deed dated 05.11.2009. The plaintiff-landlady has two sons namely Umesh Sharma and Mukesh Sharma, who are married. Umesh Sharma has two sons and one daughter while Mukesh Sharma has two sons. In the aforesaid disputed house, there are several shops. In one shop, the aforesaid two sons of the plaintiff-landlady/ respondent No.3 are carrying on business under the name and style of "M/s Fashion Jari Store". Adjoining the said shop is the shop of the tenant-petitioner who also has one room at the first floor. The tenant-petitioner is carrying on business from the disputed shop under the name and style "M/s Shalimar Trailers". On the first floor, he carries on stitching work. The plaintiff-landlady/ respondent No.3 filed P.A. Case No.22 of 2014 on 07.05.2014 on two grounds, namely bona fide need for the disputed shop and non-payment of rent since November, 2009. Parties led their evidences. The aforesaid P.A. Case was decreed by the impugned judgment dated 13.04.2017 passed by the Prescribed Authority/ Judge Small Cause Court, Meerut. Aggrieved with that judgment, the tenant-petitioner filed Misc. Appeal No.67 of 2017 (Vijay Gandhi vs. Smt. Kamla Sharma), which was dismissed by the impugned judgment dated 06.07.2019 passed by the Special Judge (S.C./S.T., Act), Meerut. Aggrieved with these two judgments, the tenant-petitioner has filed the present petition under Article 227 of the Constitution of India.

(3.) Learned counsel for the petitioner submits as under: