MOHD. IDRIS Vs. NARESH GOYAL
LAWS(ALL)-2016-7-106
HIGH COURT OF ALLAHABAD
Decided on July 13,2016

MOHD. IDRIS Appellant
VERSUS
NARESH GOYAL Respondents

JUDGEMENT

- (1.) Heard Sri Manas Bhargav along with Sri Zaid Arshad, learned counsel for the petitioner and Sri N.K. Srivastava, learned counsel for the respondent.
(2.) The petitioner is a tenant of a shop No.8B, situate in Durga Nagar opposite Gandhi Ashram, Meerut. The aforesaid shop belongs to the respondent and he is the owner and landlord of the same.
(3.) The respondent landlord applied under Section 21(1)(a) of the U.P. Act No.13 of 1972 (hereinafter referred to as the Act) for the release of the aforesaid shop on the ground that he is doing mobile business in the adjoining shop No.7 but that is too small and that for the expansion of his business, a mobile service center is also necessary and that he will utilise both the shops for his mobile business. The release application was contested by the petitioner tenant on the ground that the respondent landlord is a rich person having large number of properties. His need for the shop in dispute is not bona fide. He is not doing any business from the adjoining shop and the same more or less remains closed. The release application was allowed vide judgement and order dated 19.07.2014 passed by the prescribed authority and the appeal preferred by the petitioner tenant against it was dismissed on 03.11.2015 by the Additional District Judge. Against the aforesaid judgements and orders the petitioner tenant has preferred this petition under Article 226 of the Constitution of India. ;


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