- (1.) Heard learned Counsel for the petitioner and Counsel for the respondent caveator. This petition is directed against an appellate order dated 22.4.2010 by which the release application filed by the respondent landlord has been allowed.
(2.) It appears that the respondent landlord preferred a release application No. 45 of 2007 against the petitioner tenant inter alia with the allegation that she is the owner and landlord of a portion of House No. 56 Chak Raghunath in Naini Bazar where the petitioner is a tenant of a shop in ground floor at Rs. 700/- per month but was a persistent defaulter for which different proceedings are going on. It was further alleged that she along with her husband stayed in a lower income group flat at Mutthiganj, Allahabad along with her in laws and her two children with some difficulty. It was further pleaded that her husband was running a medicine shop in a rented accommodation in Naini itself and her elder son is jobless and has to be settled while she herself is qualified to run a beauty parlour and for selling lady wares for which she also required the disputed shop. It was further stated that apart from the disputed shop there were five other rooms in the house but they were in highly dilapidated condition and situated in a narrow lane and thus, she can settle herself in the disputed shop and after repairs occupy the other rooms for residential purposes. She further led evidence that the tenant had several properties including a shop where one of the tenants was carrying out a general merchant shop in the name of 'Sarthak Store' at Naini, apart from the fact that his wife was running a school from a huge building.
(3.) The petitioner tenant contested the application on various grounds including that the shop was neither required for the land lady nor her son and he had no other accommodation where he could shift.;