Sudhir Agarwal, J. - (1.) Heard Sri S.K. Shukla, Advocate, for petitioner and Sri V. Sandilya, Advocate, for respondents.
(2.) This is tenant's writ petition. Petitioner, Lokendra Kumar Soni, is a tenant in shop No. 187/5 (New No. 458) situated in Mohalla Azadganj, Sipri Bazar, District Juhani (hereinafter referred to as "disputed shop"). It is owned by respondent no. 2, Sitaram Bijpuriya. Petitioner-tenant is a Gold smith and doing business of jewelery in the aforesaid shop. Respondent no. 2 instituted proceedings for eviction of petitioner-tenant from shop in dispute filing Small Cause Suit No. 40 of 1989 which ended in a compromise decree dated 23.9.1991, after petitioner-tenant agreed to enhance rent from Rs. 250/- per month to Rs. 325/- per month with effect from 15.4.1991, besides water tax. Thereafter in 1997, respondent no. 2 instituted proceedings under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") seeking release of shop in question on the ground that landlord's son having attained majority, he and his son want to commence their own business, and, therefore, shop should be released in favour of landlord. Petitioner contested this application. Prescribed Authority/II Additional Chief Judicial Magistrate decided P.A. Case No. 21 of 1997 vide judgment dated 16.7.1999 2 held that neither respondent no. 2 could show his alleged personal need to be genuine and bona fide nor question of hardship lies in his favour and, accordingly, landlord's application was rejected. Aggrieved thereto respondent no. 2-landlord preferred Rent Appeal No. 28 of 1999 which has been allowed by District Judge, Jhansi vide impugned judgment dated 31.3.2003.
(3.) Appellate Court reversed findings of Trial Court on both the issues and, accordingly, setting aside Prescribed Authority's order dated 16.7.1999 has allowed Release Application of respondent no. 2 and directed petitioner-tenant to vacate shop in question and hand over vacant possession to the landlord.;