S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlords-respondents 2 to 4 Ramesh Chandra and others on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of R.C. Case No. 3 of 1989 on the file of Prescribed Authority/Munsif, Anoopshahar District Bulandshahr property in dispute is a shop rent of which is Rs. 120/- per month. Tenant is/was carrying on medical practice therefrom. In the release application it was stated that shop in dispute was required for Sunil Kumar and Ajeet Kumar sons of landlord-applicant No. 1 Ramesh Chandra who were unemployed. Prescribed Authority through judgment and order dated 21.11.1991 rejected the release application. Against the said judgment and order landlords respondents filed R.C. Appeal No. 44 of 1991. Vlllth A.D.J., Bulandshahr through judgment and order dated 8.2.1994 allowed the appeal set aside judgment and order of the Prescribed Authority and allowed the release application after awarding two years' rent as compensation to the tenant hence this writ petition by the tenant.
(2.) According to the landlords tenant had constructed a Nursing Home just in front of the shop in dispute across the road. Tenant pleaded that he had constructed a residential double storied house. In the release application it was stated that the sons of landlord respondent No. 1 intended to start the business of selling building material from the shop in dispute. Prescribed Authority held that no specific building material proposed to be sold from the shop in dispute was mentioned. Prescribed Authority further held that the sons of landlord Ramesh Chandra were helping their father in his business and Ramesh Chandra had some agricultural land also. Supreme Court in Shusheela v. A.D.J., AIR 2003 SC 780 : 2003 SCFBRC 109 : 2003 (1) ARC 256 and A. Kumar v. Mustaquim, AIR 2003 SC 532 : 2003 SCFBRC 137, has held that no landlord or his family member can be compelled to participate in the family business. Prescribed Authority also held that just after passing of the examination by Sunil Kumar and Ajeet Kumar release application was filed hence need was nob bonafide. According to the Prescribed Authority unless Sunil Kumar and Ajeet Kumar failed to get any service in two or three years after passing of the examination they could not be said to be unemployed. The reasoning is quite strange.
(3.) In respect of allegation of the landlord that just across the road tenant had constructed double storied house on the ground floor of which he was running Nursing Home, Prescribed Authority held that landlord had not given number of patients which were being received by the tenant in the said Nursing .Home and extent of his practice therefrom Tenant admitted that he had got constructed a double storied house. Even if he was not actually earring on his medical practice and Nursing Home, he could very well start his practice and Nursing Home from the said accommodation.;