GINDORI DEVI Vs. IIND ADDITIONAL DISTRICT JUDGE, NAINITAL

JUDGEMENT

(1.) THIS is a landlord's writ petition filed against a judgment of Second Additional District Judge, Nainital, dated August 31, 1976, accepting an appeal of Ram Chandra (deceased respondent 1).

(2.) AN application under Section 21(1)(a) of U.P. Act XIII of 1972 was filed by Smt. Gindori Devi, landlord, for the release of the shop No. R-4/12, Commercial Area, Bhagat Singh Chowk, Rudrapur, district Nainital on the ground of her personal requirement. The petitioner claimed that the premises was bonafide required for her son for the purposes of commercial business. She claimed that the first storey and the remaining portion of the ground floor of the said building was in possession of the petitioner and she has large family consisting of 11 members, she was required to augment the income of the family by getting her sons settled in some business. She alleged that the ground floor in the occupation of respondent 1 was sufficient for meeting requirement of her sons of starting a business. According to the petitioner, respondent 1 was a rich man and had a number of buildings at Rudrapur, and that she was not likely to suffer greater hardship. One of the buildings possessed by respondent 1 was situated by the side of the aforesaid shop. It was alleged that respondent 1 could shift his business to that shop.

(3.) BEFORE the Prescribed Authority, the parties adduced evidence and filed affidavits. The Prescribed Authority found that the shop in question was suited for the need specified by the petitioner in her application and that the petitioner was likely to suffer greater hardship from the rejection of the application than what was likely to be caused to respondent 1 by its acceptance. The Prescribed Authority found that the petitioner was possessed of some other premises, but those premises were not suitable for the business which the petitioner wanted to start for his sons.