KHEM CHAND Vs. IVTH ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) THE petitioner is a tenant of shop no. 91 situate in Sarai Karori, Khurja, District Bulandshahr. He has been in occupation of the shop since 1947 and has been carrying on the profession of Vaidyagi.

(2.) IN December, 1982 a partition took place between the respondent no. 3 Om Prakash and his father Gopi Lal. As a result of that partition, the house in dispute fell to the share of respondent no. 3. This partition was recognised by means of a decree passed on 26th September, 1983 and signed on 10-10-1983 in suit no. 107/1983.

(3.) THE Prescribed Authority by means of the order dated 27-4-1984 allowed the release application holding that the compromise between the respondent no. 3 and his father was not collusive and the need of the landlord was bonafide and genuine. On the question of comperative hardship, a finding was recorded that in case the shop was not released in favour of the landlord, greater hardship will be caused to him.