M.A. Khan, J. - (1.) By way of this petition, the petitioner has prayed for quashing the order dated 6th May, 1999 passed by the Vlth Additional District Judge,1 Saharanpur and also for quashing the order passed by the Prescribed Authority for release of the disputed accommodation.
(2.) It appears that one Devendra Kumar had moved a petition under Section 21 (1) (b) of the U.P. Act No. XIII of 1972 for release of the disputed accommodation on the ground that his son Varun Agarwal aged about 18 years is jobless and intends to establish himself in a business independently. No other accommodation except the disputed accommodation is available for use and occupation of Varun Agarwal, the son. The landlord further prayed that he has sufficient money and resources for mobilising and supporting his son to establish independently In the business.
(3.) As against it the opposite party Satish Kumar is a moneyed person. In the Banarsidas Market, Saharanpur, he has number of shops and in the accommodation in dispute there is hardly any business and he unnecessarily retained the disputed accommodation. The tenant admitted his tenancy in respect of the disputed accommodation and has denied that the need of the landlord in respect of the disputed accommodation is genuine, pressing and bona tide. It has also been denied that the disputed accommodation is in dilapidated condition. It has also been denied that the landlord needs the disputed shop for the purpose of independent business of his son Varun Agarwal. it has however been admitted by the tenant that he has shops in Banarsidas Market, Saharanpur but ail of them are on rent to different persons and the income,, out of it, is very small. The business in the Banarsidas Market, Saharanpur is that of whole-sellers whereas the landlord is a retail shop keeper in cloth, business which cannot run successfully in Banarsidas Market. In tact the landlord after eviction of the tenant, wants to demolish the disputed accommodation and for that purpose he had filed Civil Suit No. 448 of 1993 in Court .of Civil Judge, Saharanpur immediately after expiry of three years under Section 21 (1) (b) of the U.P. Act No. 13 of 1972.;