- (1.) The petitioner is a tenant of a shop situate at ground floor of house No. 32/119, Mani Ram Bagia of which Gokul Chand Tikka, the respondent No. 2 herein (since deceased) was the owner and landlord. The said shop was allotted to the petitioner in pursuance of allotment order passed by the Rent Control and Eviction Officer and the petitioner came in possession thereof w.e.f. 1st of April, 1996.
(2.) An application for release of the said shop was filed by the landlord on the ground that the shop is bona fidely required for his unemployed son Sanjai. The landlord has got two sons namely Sanjai and Ajai. It was pleaded in the release application that Sanjai is in a private service and his salary is not sufficient to discharge his financial obligation towards the family. The landlord who was serving in a State Bank of India also pleaded that he is going to retire from the service shortly and as such the shop is required for his need also. Another shop which was in possession of the landlord, therein his younger son Ajai is carrying on the business of general store. The said shop is 2-1/2' x 8' which is insufficient. It was also pleaded that the tenant is not carrying on any business in the disputed shop and does not require it. The tenant being a rich man can get any other shop.
(3.) The release application was contested on the grounds that the need of the landlord is not bona fide and genuine. Reference to earlier litigation between the parties was also made. It was submitted that the shop was allotted to the tenant on a monthly rent of Rs. 20 but the landlord demanded a premium of Rs. 35,000 which was paid by the petitioner but when he demanded the receipt for the said payment a dispute arose between the parties which led to the filing of the present release application. It was also pleaded by the tenant that the landlord has let out several shops to different tenants from time to time without obtaining allotment order and as such the need of the landlord is neither bona fide nor genuine.;