M.P.Singh - (1.) THE petitioner is a tenant of shop No. 622, situated at Subhash Chowk, Shamli, District Muzaffarnagar.
(2.) RESPONDENT No. 4, Sudhir Kumar Bansal became the owner and landlord on account of a partition decree dated 22-10-1971 passed in Suit No. 74 of 1971, Ashok Kumar Bansal v. Brij Bhushan Bansal and others. He belongs to a family of business. During his minority his mother had executed a rent note in favour of the petitioner for a period of ten years, which expired on 28-10-1981. After the expity of said period, he did not vacate the premises and ultimately an application under section 21 (1) (a) of the U. P. Act No. 13 of 1972 was filed by the opposite parties No. 3 and 4 for release of the premises in the year 1985. The opposite parties wanted to establish a general marchandise and crockery business in the said shop.
(3.) THE tenant, Satish Kumar, was carrying on confectionary and biscuits business in the said shop. It could be shifted to shops available at Railway Road, Dayal Market (Bara Bazar) and Naya Bazar where same business of confectionary and biscuits was carried on by others. THEse three places were suitable for the business of tenant. The said application was contested by the petitioner on the ground that need of the opposite parties was not bonafide and genuine. There was no agreement at the time of letting that he will vacate the shop after the expiry of 10 years. Sudhir Kumar was still carrying on his studies and appearing in the Intermediate Examination as a private candidate. He had no desire to shift his business. His father was running a kerosene oil and diesel business along with him.;