- (1.) Heard Sri S.N. Tripathi, learned counsel for the petitioner.
(2.) This writ petition has been filed challenging the order dated 18.12.2015 in Rent Appeal No.04 of 2013 [Smt. Champa Devi Vs. Sri Swaroop Singh (Dead) and others] passed by the Court of Special Judge/(E.C. Act)/Additional District Judge, Rampur.
(3.) Briefly stated the facts of the present case are that: Plaintiff respondent/landlady is undisputedly owner and landlord of the tenanted shop in question situate on Matkhera road, tehsil Bilaspur, District Rampur. Besides this she owns two adjoining shops in which her son Gajraj is carrying on business of Aurvedic medicines, food supplements and cosmetic goods etc. under the name and style of M/s. Patanjali Ayurved Kendra. She filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (hereinafter referred to as the Act) for eviction of the tenant from the tenanted shop in question on the ground mainly that she is in need of the tenanted shop in question for the purposes of business of her son and because of non availability of the tenanted shop he is not able to carry on business smoothly and is facing difficulty to expand it because of the shortage of space and thus she is in bonafide need of the tenanted shop in question. The petitioner tenant opposed the application mainly on the ground that he is carrying of business of bangles in the tenanted shop which is main source of his livelihood and son of the plaintiff - landlady may expand his business in the vacant shop in Gama market. The objection raised by the petitioner tenant was opposed by the plaintiff- landlady stating that the main source of income of the petitioner tenant is not the business of bangles from the tenanted shop but agricultural business of food-grain which he is doing from his house and the tenanted shop is closed from about one year.;