S.C. Mathur, J. - (1.) This is tenant's petition directed against the order of eviction passed in proceedings under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972). The dispute in the petition pertains to shop No. 14 situate in mohalla Raja Bazar, Sitapur.
(2.) The shop in dispute adjoins shop No. 15. Both the shop were previously owned by Raja Pratap Bhanu Prakash Singh who transferred the same to Pragati Corporation. While shop No. 14 was in the tenancy of petitioner Shiv Raj Agarwal Shop No. 15 was in the tenancy of Opposite Party No. 3 Zahiruddin. Opposite Party No. 3 purchased both the shops from Pragati Corporation through sale deed dated 27th June, 1980. Thus, in respect of shop No. 15 his status from being tenant was converted into one of ownership while in respect of shop No. 14 he became landlord of the petitioner Shivral Agarwal. After purchasing the shops Opposite Party No. 3 sent notice to the tenant on 4th March, 1985 intimating him about the purchase. He also informed the tenant that he intended to demolish the wall separating the two shops so as to convert the two shops into one shop as he wanted to expand his business by starting retail business in cloth. Thereafter the application under Section 21(1) (a) was moved on 10th September, 1985.
(3.) In the aforesaid application after stating about the purchase of the shop by him and of his intention to use it in the manner herein before stated, Opposite Party No. 3 asserted that his brother Islamuddin would also be associated in the expanded business. He averred that he had no other shop in the city. In order to point out that the tenant will not suffer any hardship he indicated the alternative accommodations available to him and the other business being carried on by the tenant. In particular it was pointed out that the tenant had in his possession shop No. 4-A, Lohar Bagh, Sitapur which was inaugurated on 7th April, 1985. It was asserted that the tenant keeps the shop in question closed and carries on business jointly with his sons with whom he forms joint Hindu Family.;