Rakesh Tiwari, J. - (1.) Heard Counsel for the petitioner.
(2.) THIS is tenant's petition. Nand Singh landlord, respondent No. 4 moved an application dated 28-2-2003 for release of shop No. 58 situated in Mohalla Quaziwari, Sikandarabad before the Prescribed Authority on the allegation that Sri Pema Singh was tenant of the disputed shop for the last about 40 years on a monthly rent of Rs. 27. 50p. It was averred therein that as the landlord has three married sons, he was in dire need of the disputed shop for opening General Merchant's shop to establish his son Sri Trilochan Singh. The application was registered as Rent Control Case No. 31 of 2001. The release application was contested by the petitioner-tenant by filing written statement denying the plaint allegations. His case was that the eldest son of the landlord was employed in Canara Bank, Sikanderabad and his wife was a teacher in Primary School. Apart from that the landlord was in possession of three shops of which one was got released, by him, from the tenancy of Mohd. Ikhlaq for the need of his second son Sri Charanjeet Singh but even after several years of release of the said shop it has remained vacant. He alleged that except his eldest son, the other two sons were carrying on their business from separate shops and that if the landlord was interested to settle his eldest son in business, he could use the shop vacated by Mohd. Ikhlaq which is already in his possession. He also pleaded that apart from the business of show making being carried on by him from the disputed, shop, he did not have any other source of livelihood as he is possession of only one Bigha agricultural land.
(3.) THE tenant also filed his additional written statement stating therein that despite his best efforts, he could not search out an alternate shop and that the need of the landlord is not genuine and bona fide. Per contra, the landlord in his rejoinder affidavit dated 4-12-2003 reiterated the pleas raised in the release application.;