- (1.) This is a tenant's writ petition which has arisen out of proceedings under Section 21 of the U.P. Act XIII of 1972.
(2.) In brief the facts are that Mohammad Yaqub opposite party No. 3 is the landlord of shop No. 14/1048/1 situate in Mohalla Lohans Saria, Saharanpur. Abdul Hameed, petitioner, is in possession of it as a tenant. The opposite party No. 3 moved an application under Section 21 of the Act for release of the shop on the ground of bonafide need. He gave out that he is petty watch repairer and is working at the shop of his brother who is himself a tenant of one Hafiz Nazir Ahmed. This Hafiz Nazir Ahmed is threatening to evict his brother on the ground that he had sublet it to him. He also alleged that his family consists of six members including three daughters and one son who are school-going. He is in stringent financial difficulties. While the tenant is a rich man of the locality and has put up his brother Mohammad Ramzan for dealing in aluminum utensils in this shop. Abdul Hameed has got other shops also in his possession and no hardship will be caused to him if this shop is released in his favour as he wants to start his own business in it.
(3.) Abdul Hameed contested that application, inter alia, on the grounds that the landlord had no bonafide need that a number of other persons were owners of the building and release application by one of them was not maintainable, that he was in possession of it since 1928 and could not be evicted. He admitted that he had three other shops but gave out that they were not available to him. After going through the material on the record the Prescribed Authority held that the landlord had bonafide need for the shop, and greater hardship would be caused to him if his application was allowed. Accordingly the release application was allowed but the following conditions were attached : (1) The tenant will vacate the shop within one month i.e. by 14.11.1976 and deliver possession of the same to the landlord. (2) If the tenant vacated as aforesaid he will be entitled to two years rent as compensation but if he failed to do so he will get nothing. (3) The landlord will deposit two years' rent within one and a half months, i.e. by 30th of November, 1976 so that it may be paid to the opposite party if he vacated the shop as aforesaid. (4) The landlord need not deposit any amount if the tenant failed to vacate the shop. The tenant went up in appeal under Section 22 of the Act and the learned District Judge, Saharanpur after considering the entire matter rejected it. Hence this writ petition.;