- (1.) THIS petition is directed against an appellate order dated 13.5.2010.
(2.) IT appears that the respondent-landlord preferred a release application no.19 of 1996 for release of the disputed accommodation which was rejected by the Prescribed Authority but in appeal, the same has been allowed. The dispute relates to house no. 53, Purani Mandi, Firozabad, which admittedly belongs to the respondent-landlord where the petitioner is a tenant @ Rs.450.00 per month since long. The landlord filed a release application under section 21 (1) (a) of U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) against the petitioner seeking its release inter-alia with the allegation that he and his family originally belong to Firozabad where they have several business of medicine and chemicals and they have also started a construction business as "Ratan Vihar Commercial and Residential Centre" and to look after this business he and his sons had to travel from Agra to Firozabad, which was not only problematic but also compromised their security. It was further asserted that when Firozabad was a small tehsil, they had shifted to Agra as there was hardly any development work and had let out the disputed building to the petitioner who was using it as his office for his business of M/s. Hindustan Scientific Glass Works, but it has now closed down but they are holding it only to extract money while the landlords do not have any suitable accommodation to shift to Firozabad except the disputed premises from where they can conveniently run their business as now Firozabad is a district and large development works have started.
(3.) THE petitioner contested the application inter-alia contending that they are using the premises as their office for several manufacturing concerns such as Siraj Glass Works, Durga Glass Works, Saraswati Glass Works apart from Hindustan Scientific Glass works etc. and that the landlord has two other accommodation available at Firozabad which they can utilize, though they have a large house at Agra from where they are conveniently managing their business in Firozabad which is only a short distance and therefore had no genuine or bonafide need.;