BRIJ KISHORE BANSAL Vs. PRESCRIBED AUTHORITY CONSTITUTED UNDER ACT
LAWS(ALL)-1992-5-13
HIGH COURT OF ALLAHABAD
Decided on May 11,1992

BRIJ KISHORE BANSAL Appellant
VERSUS
PRESCRIBED AUTHORITY (CONSTITUTED UNDER ACT NO. 13 OF 1972), HAPUR Respondents

JUDGEMENT

M. P. Singh, J. - (1.) THE legislature has enacted the Rent Act. It is a piece of social legislation aimed at easing the problem of profit hunting motives It provides certain safeguards for the tenants. Now the Act does not completely overlook the interest of the landlord. He has been given a right to get the accommodation released in case he is able to prove his need is genuine and bonafide. Facts.
(2.) THE petitioner was a tenant of two shops bearing Municipal Nos. 48 and 49 measuring 9' x 10' situate at Garh Road, Hapur, District Ghaziabad Respondent No. 3 is the landlord. He filed an application for release under section 21 (1) (a) of the LI. P. Act XIII of 1972. The case set up by him was that he wanted the accommodation to settle his youngest son Navin Kumar in business. His eldest son Mahendra Kumar was engaged in the business under the name and style of 'Agarwal Oil Mills' which was a partnership concern He was also a partner of this firm. The next two sons Ashok Kumar and Arun Kumar were engaged in the business, in the name and style of 'Arun Trading'.
(3.) NAVIN Kumar, the last son after doing his graduation in the year 1983-84 could not get any employment and so he wanted to settle him in business. For that purpose he needed these two shows. The petitioner contested the said application. It was stated that need of the landlord was not bonafide. Navin Kumar was also doing the business along with his brother. Some more shops were available in vacant state. The application was liable to be rejected on these grounds.;


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