MOHD FAROOQ @ MOHD FAROOKH Vs. MOHD SALEEM

JUDGEMENT

(1.) The instant petition is directed against the judgement dated 6.9.2013 passed by the Appellate Court in Rent Control Appeal No.64 of 2009. The Appellate Court has allowed the appeal filed by the respondent-tenant under Section 22 of the U.P. Act No.13 of 1972 (for short the Act') and has set aside the order dated 30.4.2009 by which the Prescribed Authority had allowed the release application filed by the petitioner-landlord under Section 21(1) of the Act.

(2.) The facts necessary for disposal of the instant petition are as follows :-

(3.) The release application was contested by the tenant by filing written statement contending that there is no legal partition between the petitioner and his brother and only on basis of some oral partition, the petitioner is claiming that the western portion of the building had fallen to his share. The disputed shop lies in the main market of the City. The need of the petitioner is not bonafide as he belongs to a zamindar family. He owns large chunk of land in village Jalalpur Goshi. His both sons are engaged in zamindari work. He only wants to evict the old tenants. He intends to construct a multistoried market complex and sell the same. The assertion in the release application that the adjoining shop was got vacated from its previous tenant was denied for want of knowledge. It is also asserted that the building is in perfectly sound condition and does not require demolition and new construction.