Rakesh Tiwari - (1.) -Heard learned counsel for the petitioner at the admission stage.
(2.) BY means of this petition the petitioner has challenged the validity and correctness of the judgment and order dated 30.11.2006 passed by the XVIth Additional District Judge, Kanpur Nagar in Rent Appeal No. 100 of 1999. Natthu Lal v. Irshad Alam. The petitioner is tenant in the shop in dispute situate on the ground floor of premises No. 130/8/L-A, Bagahi, Kanpur Nagar wherein the petitioner-tenant is doing the business of incense sticks (Agarbattis). The sole respondent-Nathu Lal is the owner and landlord of the shop in dispute. He filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) for release of the shop in dispute on the ground of bona fide need for opening medical clinic and medical store for his doctor son Dr. Anil Kumar and doctor daughter-in-law Dr. Leela. Objection in the shape of written statement was filed by the petitioner denying the allegations and stating, inter alia, that apart from other alternative accommodations the respondent has a shop available in Halwan Khanda 'O' Block, Kidwai Nagar, Kanpur.
(3.) THE objection was replied by the respondent ending the averments made by the petitioner-tenant in his written statement. A commission was also issued by the trial court during the pendency of the case for spot inspection about the extent of the accommodation in possession of the respondent-landlord.;