Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the petitioner. Petitioner is owner and landlord of the premises bearing Municipal No. 31/111 Lathi Mohal, Kanpur Nagar. It was purchased by him in the year 1968.
(2.) RESPONDENT is the tenant of his shop situated on the ground floor on rent @ Rs. 60/ - per month. An application under section 21(1)(a) was filed by the landlord on the ground of need for the shop under the tenancy for setting up his younger married son Rakesh Kumar in independent business. It was also claimed that the landlord is having insufficient income from business of hosiery and as the shop in dispute was kept locked by the tenant, if released would serves both the purposes i.e. establishment of independent business for his son as well as augmenting the income of the family.
(3.) THE tenant contested the release application inter alia that Rakesh Kumar is carrying on his independent business in a tenanted shop situated at 46/122 Badshahi Naka, Kanpur and has no concern with the business of the landlord, as such, the need of the landlord was neither bona fide nor comparative hardship was in his favour.;