Hon'ble Rakesh Tiwari, J. - (1.) HEARD Sri O.P. Singh, senior counsel assisted by Sri S.K. Rao, counsel for petitioner, Sri Vishal Agrawal appearing for the landlord respondent and perused the record.
(2.) THIS petition is filed against judgment and order dated 10.12.2010 passed by Additional District Judge, Court No. 12, Meerut as well as judgment and order dated 6.11.2007 passed by the Prescribed Authority/Judge Small Causes Court, Meerut. It appears that Sri Babu Lal, father of the petitioners was the tenant of shop No. 44 (new shop No. 43) having area 12" x 25", Kaisarganj, G.T. Road, Meerut. Tenant Babu Lai settled one of his sons i.e. petitioner No. 2- Sudhir Kumar, in another shop situated at 13, Purva Deen Dayal, Railway Road, Meerut. As regards. petitioner No. 1 Pradeep Kumar is concerned, case of the petitioners is that their father the original tenant of the shop in dispute, by a family settlement had permitted him to look after his business alongwith him in the aforesaid shop No. 44, Kaisarganj, G.T. Road, Meerut. Sri Babu Lal expired on 10.2.1999, leaving behind his widow Smt. Santosh Kumari, sons- Pradeep Kumar (petitioner No. 1), Sudhir Kumar (petitioner No. 2), Sandeep Kumar and married daughter Smt. Manju. As regards Sandeep Kumar is concerned, it is stated that he is an engineer and is in service, hence does not require any settlement in business. Smt. Manju, the married daughter of tenant Babu Lal is said to be settled at her in laws house at Faridabad, Hariyana, as such the only two petitioners namely Pradeep Kumar and Sudhir Kumar were settled in family settlement in two shops as stated above.
(3.) AFTER death of their father Babu Lal, petitioner No. 1 Prdeep Kumar continued business of Hardware of his father in the shop in dispute in the name and style "M/s Garg & Co. Hardware Store". Contention of the counsel for petitioners is that petitioner Nos. 1 and 2, the two sons of tenant late Babu Lal, were doing separate business since long and they have no concern with each other. Second son- Sudhir Kumar (petitioner No. 2) had been settled by tenant Babu Lal in another shop during his life time, that is to say that tenant had acquired a shop of his own in which he had settled his son Sudhir Kumar in business.;