- (1.) THIS petition has been filed by the landlord for setting aside the judgment dated 10th May, 2000 of the Appellate Authority by which the appeal filed by the tenant under section 22 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "act") was allowed. The said appeal had been filed for setting aside the order dated 20th April, 1996 of the Prescribed Authority by which the application filed by the landlord under section 21 (1) (a) of the Act for eviction of the tenant from the shop in dispute as the landlord bona fide required it was allowed.
(2.) THE records of the writ petition indicate that the landlord had filed the application under section 21 (1) (a) of the Act for eviction of the tenant from the shop in dispute situated at 92, Chowk, Bulandshashr mentioning inter-alia that the landlord was doing Commission Agent business from the Mandi Sthal situate in Market Fatehganj from where he purchased fruits and vegetables from the farmers and distributed it to the small venders, who would sell them during the course of the day and thereafter pay the price to the landlord late in the evening, who would then make payment to the farmers after deducting his commission; that for the said purposes, the landlord had to engage an Accountant to maintain the Cash Registers, Ledgers and Account-Book; that the landlord started facing problems when the Mandi Sthal was shifted to a place 3 kms. away from the city because it was then not possible to safely take the cash back home from the new Mandi Sthal and that the landlord also required a shop having a convenient approach because he was the sole operating correspondent for the daily newspaper "hindustan" for district Bulandshahr and he was also a member of the Telephone Department Advisory Committee, Bulandshahr. The landlord, therefore, asserted that he bona fide required the shop in dispute and that he was likely to suffer greater hardship in the event the application was rejected.
(3.) THE tenant filed objections stating that the need of the landlord was not bona fide as the landlord had the following accommodations available with him which were sufficient to meet his requirement : (i) Residential House at 117, Sheetalganj, Bulandshahr. (ii) Residential House at 152, Satha, Bulandshahr. (iii) 1 Commercial Shop at Fatehganj, Bulandshahr. (iv) 3 Commercial Shops at Dal Mandi, Bulandshahr. (v) 2 Commercial Shops at Nai Mandi, Bulandshahr.;