RAKESH TIWARI, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner is the owner and landlord of the southern portion of the premises no. 504, Mumfordganj, Allahabad which he got in family settlement. On the basis of the family settlement the petitioner got his name mutated in the records of the Nagar Mahapalika and a new number 504-A/1 was allotted to the portion allotted to him. The shop in dispute is situated in the said premises no. 504-A/1, Mumfordganj, Allahabad. The petitioner states that though he is a post-graduate from Allahabad University he could not get any job despite his best efforts. In the mean time he was married. To earn his livelihood he decided to ply a tracker and purchased the same in the year 1981. However, to his bad luck he fell seriously ill in the year 1987 and suffered heavy loss in that business compelling him to sell his tracker to pay the installments of the loan. It is further stated by the petitioner that he remained ill for about 3 years which badly affected his financial condition forcing him to partition the hall of his drawing room by erecting a wall facing the road and opened a small shop in the year 1990 under the name and style of "Manisha General Store". To his another misfortune he sustained injuries and fracture due to fall from the roof of his house and became unable to run the shop. The injuries were so grievous in nature that they continued for three years with the result he became financially indebted and physically incapacitated, hence he let out the shop to one Sri Nileshwar Das Gupta who subsequently shifted to Calcutta after handing over the vacant possession of the shop in dispute to the petitioner on 15.4.1997. The intimation about vacancy of the shop in dispute was given to the Rent Control and Eviction Officer 1st, Allahabad who directed the Rent Control Inspector to inspect the shop in dispute and submit a report. In the mean time applications for allotment of the shop in dispute were moved by some prospective allottees. The Rent Control Inspector accordingly submitted his report dated 5.5.1997 and the Rent Control and Eviction Officer declared vacancy on 25.5.1998.
(3.) SINCE the petitioner had no other source of livelihood, as such in the compelling circumstances he decided to enter into business again in his own shop. He therefore filed release application for his personal need of the shop in dispute after declaration and notification of vacancy by the Rent Control and Eviction Officer who again called report from the Rent Control Inspector. The Rent Control Inspector also vide his report dated 2.9.1998 reported that the need of the petitioner is genuine and bona fide.;