VIVEK KUMAR BIRLA,J. - (1.) Heard Sri Ramendra Asthana, learned counsel for the petitioner-tenant and Sri Raj Kumar Kesari, learned counsel for the respondent no. 1-landlord and perused the record.
(2.) Present petition has been filed challenging the judgement and order dated 31.10.2017 passed by the Additional District Judge, Agra dismissing Rent Control Misc. Appeal No. 89 of 2014 (Jitendra Kumar Verma v. Ashok Kumar Verma and another) and the judgement and order dated 13.10.2016 passed by the learned Prescried Authority No. 2/Additional Civil Judge (Senior Division) Court No. 6, Agra allowing release application registered as P.A. Case No. 61 of 2011 (Ashok Kumar Verma v. Jitendra Kumar Verma and another) .
(3.) The release application was filed by the landlord-Ashok Kumar Verma (respondent no. 1 herein) under Section 21(1)(a) of the UP Act 13 of 1972 (hereinafter referred to as the 'Act') regarding shop no. 12/106/1-2 Katra Hathishah, Nai Ki Mandi, Agra on the basis of his bona fide need himself that he is retired bank employee and for establishing a business for his unemployed son Pawan Kumar Verma on part of the shop and for having one garage on part of the shop. It was asserted in the release application that defendant no. 2-Devendra Kumar Verma is having his own shop in the name and style of M/s. Bishan Swaroop Devendra Kumar Jewellers, Namak Mandi, Agra and as such, the defendants have alternative accommodation in possession. The suit was contested on the ground that the son of the landlord Pawan Kumar Verma is employed and landlord has several shops in his possession and specifically one shop in possession of Ramesh Chaddha was released during pendency of the litigation, which is in possession of the landlord and one shop is still lying closed and vacant.;