Brijesh Kumar, J. -
(1.)The dispute in this appeal relates to a shop under the tenancy of the respondent-Baij Nath. The petitioner landlady had purchased the shop in question in the year 1977 from one Smt. Kanti Devi. It measures 2 x 5.3 meters. The petitioner moved a petition under S. 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) on the ground of bona fide need to settle her major and married son in life, who was to start the business of electrical goods and utensils in the shop in question. The petition was contested unsuccessfully by the respondent-Baij Nath. The appeal preferred by the tenant-respondent was, however, allowed. The writ petition filed by the petitioner in the High Court was dismissed upholding the order of reversal passed in appeal, observing that under the writ jurisdiction findings of fact cannot be disturbed unless they are manifestly unjust. Hence, this appeal impugning the order of the High Court.
(2.)The appellant-landlady, as noted earlier, had purchased the disputed shop in August, 1977, when her children were not grown up. Her eldest son Prem Prakash was later married and had also passed some electrical certificate course from I. T. I., Banda but he remained unemployed. It was thus necessary to get the shop vacated for her son to start his own business in electrical goods and utensils. It may be mentioned here that there is another shop adjacent to the shop in question which too was purchased at the same time i.e. in the year 1977 by her husband who is carrying on his work as Goldsmith and money-lending business in that shop. She had also come forward with a case that her relations with her husband have not been cordial but it has not been accepted by the courts below. The shop in question was initially in the tenancy of Mool Chand, father of the respondent Baij Nath who was carrying on kirana business in the said shop. After the death of Mool Chand, Baij Nath started the business in that shop. According to the respondent it was not correct that shop in question was needed by the landlady. It has also been his case that at the time of the purchase of the shop in question petitioner knew that it was in occupation of the tenant. It was also alleged that husband of the appellant had purchased yet another shop in Chowk Bazar in the name of his brother-in-law Khunni; it has however, not been found proved by the Courts.
(3.)According to the petitioner-landlady Baij Nath-the tenant has a shop in Gursahai Road as well as another shop in Chowk Bazar which was purchased by him. In so far the shop in Gursahai Road is concerned, according to the respondent, prior to the death of his father Mool Chand he himself had been running his shop in Gursahai Road but after the death of Mool Chand he started his business in the shop in question and he established his son Rajendra Kumar in the shop in Gursahai Road. In regard to the other shop, his case is that it is a residential house and not a shop but it has not been accepted by the Prescribed Authority. It has also been found that the said shop is quite near to the shop in question. Considering all the facts and circumstances, the trial Court allowed the petition with a finding that the landlady had bona fide need which was more pressing as compared to that of the tenant and thus ordered for his eviction.