- (1.) This writ petition is directed against the judgment and order dated 31.8.2010 passed by the Additional District Judge, Court No. 12, Kanpur Nagar arising out of the order dated 17.2.2010 passed by the Vth Additional Chief Metropolitan Magistrate, Kanpur Nagar whereby the release application filed by the respondent under section 21 of the U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') has been allowed. The petitioner is a tenant of the disputed premises. An application under section 21 of the Act was filed by the respondent-landlady with the allegation that she is carrying on business in the name and style of Green Petals Service from a tenanted accommodation bearing House No. 111/318, Harsh Nagar, Kanpur Nagar at a monthly rent of Rs. 2,420/-. It was also alleged that the son of the opposite-party is getting education at Delhi and he wants to establish his separate business, as such, the shop in question is required for setting up business for herself as well as for her son.
(2.) Per contra, the learned Counsel for the petitioner submitted that the need of the landlord is an eye-wash and his son is already carrying on business in Delhi and in support of his contention he referred to the visiting card of the son of the landlord filed before the Court below, as such, he does not require shop in Kanpur for starting any business. He further submitted that there is one more shop in the disputed premises from where the respondent as well as his son could carry on the business.
(3.) In reply, Sri Manoj Mishra, learned Counsel for the respondent submitted that in fact there is no other shop in the premises except the shop which is being occupied by the petitioner. He further submitted that the petitioner is, in fact, referring to the garage which cannot be used as shop.;