SURYA PRAKASH KESARWANI,J. - (1.)Heard Sri Shashi Nandan, learned Senior counsel, assisted by Sri Madhav Jain, learned counsel for the petitioners-defendants/tenants and Sri P.C. Jain, learned counsel for the respondent-plaintiff/landlord.
(2.)Briefly stated facts of the present case are that undisputedly the respondent-plaintiff is the landlord of disputed shop situate in house no.3/70- B, Chatta Sarai, P.S. Chatta, Agra, of which the petitioners-defendants were the tenants at a monthly rent of Rs. 300/-. In the disputed shop the petitioners-defendants/tenants were carrying on business. The respondent-plaintiff/landlord filed a release 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') on the ground of bona fide need for start of business by his three sons who are unemployed. The said application was registered as P.A. Case No.27 of 2012 (Pramod Kumar Gupta v. Jodha Ram and another) which was allowed by the Prescribed Authority/Civil Judge (S.D.), Court No.5, Agra, by judgment and order dated 3.3.2016.
(3.)Aggrieved with the aforesaid judgment and order the petitioners defendants/tenants filed a Rent Control Misc. Appeal No.34 of 2016, which was dismissed by the impugned judgment dated 31.5.2017, passed by the Additional District Judge, Court No.9, Agra.