- (1.) SHASHI Kant Gupta, J. This writ petition has been filed for quashing judgment and order dated 28-2-2000 passed by IIIrd Additional District Judge, Sitapur in Rent Case Appeal No. 8 of 1998 (Virendra Kumar v. Vijay Kumar Srivastava) where by judgment and order dated 10-8-1998 passed by the Prescribed authority i. e. IInd Additional Civil Judge, (S. D.) Sitapur, was set aside.
(2.) THE brief facts that emerge from the writ petition are as follows: An application under Section 21 (1) (a) of the Act No. XIII of 1972 (in short "act") was filed by Virendra Kumar Arya (in short "landlord") for the release of the disputed shop for his personal and for his sons need, in the year 1995 on the allegation that he is a owner of the shop of which petitioner is a tenant @ Rs. 93. 75 per month. It was further stated that the landlord is having a licence for running a medical retail shop as well as for selling denatured spirit, but he is unable to carry on the business due to paucity of accommodation. It was further stated in the application under Section 21 (1) (a) of the Act that the landlord due to paucity of accommodation is unable to carry on the business from the shop in the joint possession of his son Yogendra Kumar who is running a business of whole sale medicine from the said shop in the name and style of "arya Medical Hall". It was further stated that they are not having good relations and very often they quarrel because of the paucity of accommodation.
(3.) IT was further stated that his other son Yatendra Kumar is also doing a business of mehandi, hawan samagri and tea leaflet etc. in the name and style of "arya Industries". Since his son Yatendra Kumar has no independent suitable shop for carrying on his business as such he is forced to carry on his business from the one room of his residence, which is not situated in a market area but located in a very narrow lane due to which Yatendra Kumar is unable to run his business properly. The residential accommodation of the landlord is not at all suitable and sufficient to carry on any business. It was further stated in the application that the tenant has a very huge double storied house at Buttsganj, Sitapur which is situated in the market area and the petitioner can very conveniently carry on business from the rooms of the ground floor facing the main road. Moreover the tenant did not make any efforts to search any accommodation. It was further stated that the need of the landlord is bona fide) and genuine and the comparative hardship also tilts in favour of the landlord.;