SANJAY PRAKASH Vs. ANAND GOEL

JUDGEMENT

(1.) This petition has been filed challenging the order dated 26.10.2017 passed by the Judge Small Causes Court, Meerut in P.A. Case No. 10 of 2016 (Anand Goel v. Sanjay Prakash ). The petitioner is aggrieved by the rejection of Paper No. 25-Ga.

(2.) The learned counsel for the petitioner/tenant has submitted that the landlord had filed a Release Application under Section 21(1)(a) depicting his bonafide need to establish his wife in independent business of ready made garments. In the Release Application in paragraphs 5 and 7, the landlord had mentioned the existence of three shops towards the South of the property bearing no. 293-A Abu Lane, Meerut owned by the landlord and had also admitted letting out of the shop in question in 1982 to the tenant. The other two shops adjoining the shop of the tenant had never been rented out and were being used as godown for storing goods in relation to the business of the landlord as commission agent for sugar.

(3.) The tenant in his objections had disputed the commercial area available with the landlord and also the area behind the commercial area used for residential purpose by the landlord. He had given dimensions which according to him, correctly depicted the situation of his shop and the adjoining two shops and the residential area owned by the landlord.