Vijay Manohar Sahai, J. - (1.) HEARD Shri M.C. Singh learned counsel for the petitioner and learned standing counsel for respondent Nos. 1 and 2 and Shri B.D. Mandhyan learned counsel appearing for respondent No. 3. The landlord the respondent No. 3 filed release application under section 21(1)(a) of U.P. Act No. 13 of 1972 for releasing the godown which was in the possession of the petitioner for about 20 years. The release was sought by the landlord on the ground that he wants to use the godown as garage for car. The application was contested by the tenant on the ground that release of godown for garage of landlord is neither genuine nor bona fide and the tenant will suffer greater hardship than that of landlord.
(2.) THE prescribed authority recorded a finding that the petitioner/tenant was carrying on business of furniture. He had closed down furniture business on 30th June, 1993. It was not rebutted by the petitioner. The other finding recorded is that the petitioner was having another premises under his tenancy which he vacated after taking premium from one Sri Shanti Lal for vacating the shop during the pendency of these proceedings. That has also not been denied by the tenant. Apart from the aforesaid facts, the prescribed authority found that the need of landlord is bona fide and genuine and the landlord would suffer greater hardship than the tenant. These findings had been affirmed by the Appellate Court. I do not find any illegality in the finding of fact recorded by both the Courts below that the need of landlord in bona fide and genuine and landlord would suffer greater hardship than the tenant.
(3.) LEARNED counsel for the petitioner has placed reliance on the decision of Apex Court in Gautam Chand Jain and others v. Smt. Sushila Kumari Jain and others : 1985 (2) ARC 295, and the decision of this Court in Smt. Raj Rani Devi and others v. Prescribed Authority and others, 1980 ARC 405, Jai Shankar Bhatt v. Harsh Narain Pandey and others, 1986 (1) ARC 342 and Chandra Bhan v. VIIIth Additional District judge, Agra and others, 1992 (19) ALR 285.;