- (1.) This writ petition has been filed by the petitioner against the concurrent judgment and orders dated 22.9.2008 and 25.10.2010 passed by Prescribed Authority and Additional District Judge respectively, whereby the application of the respondent filed under section 21 has been allowed. The brief facts of the case are as follows: (i) An application under section 21 was filed by the landlord-opposite party on the ground that his son Rupesh Kumar Gupta aged about 26 years has passed B.Sc. is of marriageable age and is unemployed and is sitting idle; applicant was in the service of U.P. State Electricity Board Firozabad and got retired in May, 1998 and is also sitting idle without any work; besides Rupesh Kumar Gupta, the applicant has got four daughters out of whom three are still unmarried, as such he has heavy responsibility of his family including the future responsibility for arranging the money for the marriage of his daughters and to meet the expenses of the studies of his children; he wants to settle his son and himself in the business of glass bangles and for the purpose house in dispute is required. (ii) The petitioner is a tenant in the disputed shop and is carrying on the business of glass bangles. The petitioner has filed his written statement and refuted the allegations made by the landlord. After exchange of pleadings and affidavits, the application filed under section 21 of the Act was allowed by the Prescribed Authority by order dated 20.9.2008. (iii) Aggrieved and dis-satisfied with the said order dated 20.9.2008 the petitioner has filed an appeal and the said appeal has also been dismissed vide order dated 25.10.2010 by the Appellate Authority, hence the present writ petition.
(2.) Learned Counsel for the petitioner has submitted that the need of the respondent is neither bona fide nor genuine and the comparative hardship leans in favour of the petitioner. He further submits that the respondent's son is doing the business of P.C.O. in the adjoining house and is also supplying electricity by using Generator to other shopkeepers as such the respondent does not have any bona fide need for setting up his son in any other business. He further submits that the landlord has retired from the Government department and getting pension which is enough to satisfy his need.
(3.) Learned Counsel for the petitioner has further submitted that the petitioner has acquired the goodwill of his business from the said shop and have no other alternative accommodation for doing the business of glass bangles.;