- (1.) Heard learned Counsel for the parties and perused the record. The petitioner claims that he is doing tailoring business in the shop in dispute for the last 24 years and has acquired goodwill in the area. The rent of the shop in dispute is Rs. 125/- per month. The case of the petitioner is that the respondent landlady demanded rent of the shop in dispute @ Rs. 1,000/- per month in the year 1996 which was refused by the petitioner and as a consequence the landlady stopped accepting rent from the petitioner. Thereafter, the rent was paid under section 30(1) of U.P. Act No. 13 of 1972 in Case No. 20 of 1996 before the Court below. An application under section 21(1)(a) of U.P. Act No. 13 of 1972 was filed by the landlady Smt. Harwati Devi for release of the shop in dispute for establishing her son and grand son in business.
(2.) The petitioner contested the application by filing written statement denying the averments made therein. Affidavits were filed by the landlady of her own, her son, grand son and other two witnesses. In reply the petitioner filed his affidavit and the affidavits of his witnesses as well as supplementary counter-affidavit denying the allegations made in the affidavits and the rejoinder-affidavit of the landlady.
(3.) The Prescribed Authority allowed the application filed by the landlady vide his order dated 13.6.2008.;