- (1.) Babu Ram @ Babu Lal, the tenant of the shop situated in Mohalla Assadulahpur. Tehsll Milak, District Rampur (hereinafter referred to as the shop in dispute) filed this petition against the judgment and order passed by the Additional District Judge, Rampur, acting as appellate authority under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) arising out of proceedings under Section 21(1)(a) of the Act.
(2.) The release application was filed by the Respondent No. 3 claiming that he was the owner and landlord of the shop in dispute. The Petitioner was in occupation of the said shop in dispute at the monthly rent of Rs. 25. Family of Respondent No. 3 consisted of himself, his wife and three sons. There was no permanent source of income and he used to do Thekedari' occasionally. He also owned about 10 acres of agricultural land, his Income according to his estimate was about Rs. 10.000 per annum. The shop in dispute was needed for his personal occupation as he wanted to augment his Income by starting business of general merchant in It.
(3.) The release application filed by the Respondent No. 3 was contested by the Petitioner who has pleaded that the said Respondent was a big contractor, that last year he has entered into a big contract of Rs. 2.70,000 with the revenue department and also took another contract worth Rs. 2,00,000 his income from agriculture was not less than Rs. 27.000 per annum and he owned another shop which he recently got vacated from other tenant. It was also pleaded that in the southern portion of the same building, Respondent No. 3 owned two shops and he has been carrying on business of tailoring goods. It was also pleaded that Petitioner (tenant) had four sons (out of whom three were married) and the shop in dispute was the only source of his livelihood, and that the need of Respondent No. 3 was neither genuine nor bona fide, the release application was, therefore, liable to be dismissed.;