Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS is tenant's petition. The petitioner is tenant of a shop situated at Miyanpur, Pargana Hawali Shahar, Jaunpur on a monthly rent of Rs. 150. He is running a shoe-shop from the disputed shop. Respondent-landlord filed Civil Suit No. 558 of 1998 for rent and eviction of the petitioner from the disputed shop. The petitioner-tenant also filed Case No. 45 of 1982 for deposit of rent in Court. It is alleged that during the pendency of the aforesaid cases, a settlement took place under the agreement appended as Annexure-3 to the writ petition and the petitioner-tenant was to vacate half portion of the shop as the disputed shop which had two separate shutters for ingress and egress. The shop was so divided that each one of them could separately and independently use one shutter to run their business. The rent of the shop was reduced to Rs. 100 per month under the aforesaid agreement.
(3.) IN the aforesaid shop so vacated by the petitioner, Sri Suresh Kumar one of the four sons of the landlord is doing business of Asian Paints. After retirement from service in 1991, the respondent-landlord started business with his sons but then he filed an 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') for release of the disputed shop. The application was registered as Case No. 17 of 1991. In the release application, the landlord pleaded that he has retired from service and Sri Santosh, one of his son is unemployed ; that the petitioner-tenant is not doing any business in his shop which remains closed as he is in employment of M/s. Subhash and Sons Cloth Merchant and is now working in the Badhwa Shoe Store, Holanganj, Jaunpur, as such the shop is not required by him and the same be vacated for bona fide need of the landlord.;