S.U.Khan J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No.3 Harish Chandra, on the ground of bona fide need under section 21 of U.P. Act No. 13 of 1972. Property in dispute is a shop. In the release application landlord set up the need for settling his son Girish Kumar in business. Release application was registered as P.A case No. 5 of 1985. Prescribed authority Hapur/Munsif Hapur through judgment and order dated 19.5.1987, allowed the release application. Against the said judgment and order tenant petitioner filed appeal being Misc. Appeal No. 130 of 1987. A.D.J/Special Judge, Ghaziabad through judgment and order dated 2.12.1989, dismissed the appeal hence this writ petition by the tenant.
(2.) Both the courts below found that landlord had no other shop in his possession to settle his son in business. Courts below also found that the tenant had shifted the business to another shop. This writ petition was dismissed in default on 5.2.2003. Thereafter landlord respondent obtained possession of the shop in dispute on 3.4.2003. The dismissal order was later on set-aside on 14.8.2003.
(3.) Learned counsel for the petitioner has argued two main points in this writ petition. First point is that another shop which belonged to the landlord was sold by him hence it is proved that he had no bona fide need. Both the courts below have found that the said shop was already in possession of a tenant and it was sold to that very tenant. It has also been found that already litigation was going on in between landlord and that tenant. In view of this the sale of the said shop does not make any difference.;