Rakesh Tiwari - (1.) THIS is tenant's petition. By means of instant writ petition, the petitioner has challenged the validity and correctness of the judgment and decree dated 16.11.1999, passed by the Prescribed Authority, Orai district Jalaun allowing release application of the landlord registered as P.A. Case No. 2 of 1997, affirmed by District Judge, Orai district Jalaun vide judgment and order dated 9.5.2003 in Rent Appeal No. 4 of 1999.
(2.) THE brief facts of the case are that the landlord-respondent has five sons, namely, Sri Ram Kishore, Sri Anil Kishore, Sri Raj Kishore, Sri Brij Kishore and Sri Neeraj Kumar. THE petitioner is tenant of the disputed shop on a monthly rent of Rs. 500. THE landlord filed release application registered as P.A. Case No. 2 of 1997 under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') on the ground that he required the disputed shop for setting up his unemployed elder son Sri Ram Kishore in cloth business. He asserted that his financial condition is sound and is capable of investing money in the cloth business ; that the tenant is also financially sound having a big house in Mohalla Rajendra Nagar in the same city ; that his band is famous and can maintain office in his own house ; that there are five shops of one Sri Bharat Lal Srivastava in vacant position near the disputed shop and tenant can take any shop from him; that the landlord has no vacant shop in his possession to establish his son in business ; that the need of the landlord is bona fide and genuine and the tenant will not suffer comparative hardship if the shop is released in favour of the landlord. Tenant-petitioner contested the release application by filing written statement denying the averments contained in the release application. He alleged that the need of the landlord was not genuine or bona fide and if he wants to engage his son Sri Ram Kishore in cloth business, he may start the business in the shop got vacated from Ms. Manorama Garg shown in the map appended to the report of the Commissioner, which is annexed as Annexure-7 to the writ petition. Sri Ram Kishore is presently carrying on business of sale of sarees in the name and style of 'Saheli Saree Sansar'. Sri Brij Kishore and Sri Neeraj Kumar are carrying on the business of 'Shivani Gutka' ; Sri Anil Kumar is engaged in light fitting and it is wrong to say that any of the sons of the landlord are unemployed. He also asserted that the house constructed by him is a small house ; that Sri Bharat Lal Srivastava is demanding pagri and exorbitant rent ; that if the disputed shop is vacated the tenant will suffer greater hardship than the landlord. After appraisal of evidence led by both the parties, the Prescribed Authority vide judgment and decree dated 16.11.1999, allowed the release application. Aggrieved by the judgment and decree dated 16.11.1999, the tenant-petitioner filed Rent Appeal No. 4 of 1999 which has also been dismissed by the District Judge, Orai, vide judgment and order dated 9.5.2003.
(3.) AGGRIEVED by the aforesaid judgments and decree, the petitioner has come up in this writ petition. Contentions of counsel for the petitioner : It has been contended by counsel for the petitioner that the findings of the Courts below to the effect that Sri Ram Kishore, son of the landlord is unemployed is perverse inasmuch as Sri Ram Kishore is in active business of manufacturing 'Paan Masala' in the capacity of Proprietor of M/s. New Kankane Bandhu and is not unemployed. He further urged that a gallery/shop is also available to the landlord which satisfies his need, if any. He submitted that Sri Ram Kishore, son of the landlord, is carrying on business of sale of saree through his wife in the name and style of 'Saheli Saree Sansar'. That apart, Sri Ram Kishore, through his son is also running the business of cloth in the name and style of 'Ranjana Dresses'. He urged that business of 'brass band', being carried on by the petitioner, is not seasonal and the disputed shop being situated in the market, the petitioner has earned goodwill of last 22 years and in case he is evicted from the disputed shop he will suffer greater hardship than the landlord as the business of Brass Band involves group of persons.;