- (1.) M.P.Singh
(2.) PETITIONER is a tenant of a shop situate in Mohalla Singhan, Kashipur, district Nainital. The present writ petition arises out of the proceedings under section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (U. P. Act No. 13 of 1972) here-in-after referred to as the Act. The shop was purchased by opposite party no. 3 on 23rd October, 1980 from one Shyam Behari. The petitioner was already in occupation as a tenant. The landlord needed the accommodation for his own use. On 17-10-1981 he gave a notice to the tenant for vacating it. It was not done so. This led to the filing of present release application alleging that he was a resident of Thakurdwara, district Moradabad, which was at a distance of about 10-12 Kms. from Kashipur. Thakurdwara is a small rural colony. There was no scope for expansion of any business. He was unemployed and wanted to establish the business of bangles and general merchandise. The tenant did not need the shop. He was employed in L. H. Sugar factory. The tenant has also constructed a shop on Drona Sagar road in the same city after taking the present shop on rent. It was further stated that his need was bonafide and genuine. He would suffer greater hardship in case the shop was not released.
(3.) THE petitioner filed his written statement. His case was that he was a tenant at the rate of Rs. 200/-per year. His tenancy was annual. It was denied by him that there was no scope for business at Thakurdwara or it was a small rural colony. It was a good commercial centre and a developed town. THEre was good scope for the business at Thakurdwara which the landlord wanted to set up in the disputed shop at Kashipur. The tenant further stated that the applicant was already engaged with his father in his ancestral business and was not unemployed. Age of the father of the applicant was 60-70 years and he was not fit to look after his business. It was necessary for the applicant to be engaged in his father's business. He had no need to start a new business. He (the tenant) was only a seasonal employee of Sugar factory at Kashipur and remained out of job for 7-8 months in a year. His son, Ganesh Kumar had been doing the business of tea and Namkin in the said shop after his school hours. He was to retire from service within 7-8 months and had no means to earn livelihood for his family.;