HARISH CHANDRA GUPTA Vs. SWATANTRA KUMAR JAIN

JUDGEMENT

(1.) The petitioner, aggrieved against the order passed by the prescribed authority dated 10.8.1982 releasing the disputed shop in favour of landlord-respondent No. 1 and the order of the appellate authority dated 27.3.1398, has filed this writ petition.

(2.) Respondent No. 1 purchased premises in question bearing house Nos. 2127 and 2128 from the erstwhile owner Smt. Champa Devi on 12.2.1996. The first floor portion consisting of three rooms has been numbered as 2128 and the ground floor portion consisting of two interconnected rooms has been numbered as 2127. Mohan Lal was the tenant of both the portions, namely, 2127 and 2128. After his death in the year, 1962, it was inherited by his widow Nanhi Devi. After the death of Nanhi Devi, the petitioner occupied the premises as adopted son of Mohan Lal. Respondent No. 1 filed application against the petitioner on 25.8.1981 for release of the ground floor portion No. 2127 on the allegation that western wall of the disputed accommodation had fallen down. The accommodation is in dilapidated condition and requires demolition and reconstruction. He further sought release on the ground that he requires this accommodation for running Soda Water, Lemon and Cold Drink shop.

(3.) The petitioner contested the application denying that the disputed accommodation was in dilapidated condition or respondent No. 1 required it for carrying on any business. The prescribed authority recorded a finding that the disputed accommodation was in dilapidated condition and required demolition and reconstruction. Respondent No. 1 was in capacity to reconstruct the shop in question. It was further found that the need of respondent No. 1 to carry on business of Soda Water, Lemon and Cold Drink was bona fide. In case his application is rejected he will suffer a greater hardship. The petitioner filed an appeal against this order and the appellate authority has dismissed the appeal on 27.3.1998.