Sudhir Agarwal, J. - (1.) -Heard Sri S.C. Pandey, learned counsel for petitioners and perused the record.
(2.) Petitioners' father filed an application for release of accommodation in question i.e. House No. 13/39 situated in Bara Bazar, Aligarh on the ground of personal need under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). Prescribed Authority allowed the application vide judgment and order dated 28.7.2000 but the same has been reversed by Appellate Court in respondent-tenant's appeal no. 6 of 2000 decided vide judgment dated 22.1.2002.
(3.) While reversing the findings on the question of personal need whether genuine or bona fide and taking an otherwise view, Appellate Court has said as under: ...[VERNACULAR TEXT OMITTED]... "Shri Ramesh Chandra Gupta has been impleaded as Applicant no. 4. Shri Ramesh Chandra Gupta has not filed any affidavit of his own before the court in respect of bona fide need of the building in question. As regards Shri Ramesh Chandra Gupta, the respondent has stated in para 16 of his affidavit 33-C that Shri Ramesh Chandra Gupta is a lecturer at H.B. Inter College and he looks after his electrical shop after being free from there. In rebuttal of the aforesaid fact, Smt. Kiran Kanta has on behalf of the building owner filed an affidavit as an annexure to her affidavit mentioning therein that Shri Ramesh Chandra Gupta is not serving any post at H.B. Inter College. The aforesaid certificate is dated 16.10.97. Release application was filed in the year 1995 and the need of building shall be evaluated on the basis of circumstances subsisting at the time of filing of application. It is nowhere mentioned in the affidavit 33-C that Shri Ramesh Chandra Gupta was never posted at H.B. Inter College. Shri Ramesh Chandra Gupta might have been posted at H.B. Inter College when the application for release of building was filed and that on 16.10.97 Shri Ramesh Chandra Gupta might not have been posted at H.B. Inter College. Shri Ramesh Chandra Gupta has himself not filed any affidavit whatsoever contesting the fact that he was never posted at H.B. Inter College. The evidence available on record clearly says that Shri Ramesh Chandra Gupta has a shop named Memon Electric Store in electrical goods' market "Bada Bazar". It has also come out that the respondent runs a printing press in the building in question. Evidence is also available to the effect that work the aforesaid printing press has been installed since a very old time and work of the aforesaid printing press has been with the respondent since the time of his father Phool Chand. As per provision of Rule 16 (2) of U.P.U.B. Act (Act 13 of 1972), there would be very little justification for passing an order releasing the tenanted shop if the tenant has been running his business in the said shop for a very long time." (English Translation by the Court);