- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS is tenant's petition challenging the validity and correctness of judgment dated 8-5-2003 (Annexure-6 to the writ petition) passed by the Additional District and Sessions Judge/special Judge, Ghaziabad in Rent Appeal No. 90 of 2000. Briefly stated, the facts of the case are that the petitioner is tenant of a shop on a monthly rent of Rs. 450/- for the last about 30 years situate in Krishna Sadan, near Raj talkies, Modinagar, district Ghaziabad. Smt. Krishna Devi widow of late Sri Ganga Saran and mother of the respondents was the owner and landlord of the shop, in dispute. Smt. Krishna Devi, mother of the respondents filed release application 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 No. XIII of 1972') for release of the shop, in dispute in her favour on the ground that the same was genuinely and bona fidely needed by her son for establishing her grandson-Sri Sheel Kumar son of Sri Narendra Kumar Gupta-respondent No. 1 in business of general merchandise. The release application was registered as P. A. Case No. 18 of 1972. It was averred in the release application that her eldest son, respondent No. 1 was in service with M/s. Modi Silk; her second son-respondent No. 2 was in service with M. S. Modi Rubber Industries; third son-respondent No. 3 was in service with M/s. Modi Industrial Ltd. and the fourth son-respondent No. 4 was carrying on business from one of her shops situate adjacent to the shop, in dispute. Her grandson-Shri Sheel Kumar was unemployed and the shop, in dispute was needed for establishing him in business.
(3.) THE case was contested by the petitioner-tenant denying the plaint allegations on the ground that the need of the landlady was not genuine as her grandson, for whom the shop, in dispute was sought to be released was already engaged in business in the name and style of M/s. Balaji Welding Centre, Ghaziabad. During the pendency of the release application, the landlady died on 15-8-1983 and she was substituted by her sons-the respondents in the instant writ petition.;