- (1.) Heard Sri Tarun Agrawal and Vinayak Mithal, learned counsel appearing for the petitioner-tenant and Sri B.N. Agrawal and Sri Sanjay Agrawal, learned counsel appearing for the respondent-landlord.
(2.) A release application was filed by the first respondent-landlord under Section 21(1)(a) of the Act XIII of 1972 for release of the shop in dispute situated in Orai at district Jalaun. The landlord pleaded bona fide need for his wife and three sons who were educated but unemployed. The release application was allowed by the Prescribed Authority. Aggrieved, petitioner preferred an appeal being Appeal No.07/2007 which was allowed on 28 November 2008 rejecting the release application. Aggrieved, first respondent-landlord assailed the order in a petition being Writ - A No. - 3171 of 2009 (Puttan Babu v. Special Judge (SC/ST Act) Jalaun at Orai & others), this Court allowed the petition, remanded the matter by order dated 6 August 2014 directing the Appellate Court to decide the bona fide need set up by the landlord for two sons, namely, Pramod Kumar and Sujeet Kumar. The relevant extract is as follows: "In view of the aforesaid facts and circumstances, the judgement and order passed by the appellate court dated 28.11.2008 is unsustainable in law and is hereby quashed and the matter is remanded to the appellate court for considering and deciding the need of the petitioner-landlord for settling his two sons Pramod Kumar and Sujeet Kumar in independent business from shop-in-dispute afresh in accordance with law as expeditiously as possible by curtailing all unnecessary adjournments and fixing short dates in quick succession preferably within a period of six months from the date of production of the certified copy of this order."
(3.) The Appellate Court upon considering the rival contention, material and evidence available on record returned a finding recording the bona fide need of the premises in favour of the sons. The appellate order dated 11 August 2015 is being assailed in writ jurisdiction.;