- (1.) Whether an owner and a landlord?who is also one the directors and a share holder in a private company?can get a shop vacated for the need of the company under section 21-1(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act)? This is the main point involved in this writ petition.
(2.) The contesting respondent is owner and landlord of the shop in question and the petitioner is the tenant. The contesting respondent filed an application under section 21-1(a) of the Act for release of the shop on the ground that he along with his brother are the co-sharers in a private limited company by the name of Dalpati Cement Factory Pvt Ltd. (the company) and the shop is required for the sale point of the factory established by the company. This application was contested by the petitioner. The Prescribed Authority by the order dated 28.5.1991 allowed the application of the contesting respondent holding that the need of the contesting respondent is bona fide and greater hardship will occasion to him in case his application is rejected. The petitioner filed an appeal which was dismissed on 29.7.2000. Hence the present writ petition.
(3.) I have heard Sri VM Zadi, counsel for the petitioner and Sri MK Gupta counsel for the contesting respondent. Following points arise for consideration in this case. (i) The petitioner had not raised the plea before the courts below that the application filed by the contesting respondent was not maintainable as the shop was required by the company and not by the contesting respondent. Can he raise this plea for the first time in the writ petition? (ii) In case the petitioner is entitled to raise the aforesaid plea then whether the application filed by the contesting respondent was maintainable or not ? (iii) Whether the finding regarding bona fide need recorded by the court below is illegal as relevant factors are not considered?;