Vivek Kumar Birla, J. - (1.) Heard Sri Saurabh Srivastava, learned counsel for the tenant-petitioner and Sri Ramendra Asthana alongwith Sri M.L Maurya, learned counsel appearing on behalf of landlord-respondent.
(2.) Present petition has been filed seeking quashing of the impugned order dated 27.9.2013 passed by the Additional District Judge / Special Judge, E.C. Act, Kanpur Nagar.
(3.) Release application filed by the landlord-respondent on the ground of personal need of his son was rejected. Appeal filed by the landlord-respondent against the same was allowed. Present petition has filed against the judgment and order of the lower appellate court. The release application was filed on the ground that the applicant is carrying on his business of sale of shoes in premises no. 44/308 Machhli Tola, Kanpur Nagar in the name and style of Mohd. Hazi Hayi as proprietor thereof. At the time of filing of the release application in the year 1999, his family consisted of 19 members. One of his son Abdul Rashid was carrying on his independent business in shop no. 42/145 Bisati Bazar in the name and style of M/s Right Way Traders as the proprietor thereof. His two sons namely Mohd. Sharif and Abdul Latif engaged in sale supplying of shoes. It was specifically averred that since they have got no shop to carry on their business, therefore, under compelling circumstances after procuring orders from the parties and supply goods to them from godown and for this purpose, they are having their godowns in premises no. 145/155, Bakar Mandi, Kanpur. One son Abdul Khaliq is assisting him in his business but on account of differences and strained relationship between applicant and his son and daughter-in-law, his son wants to carry on his independent business separately. It was further asserted that the defendants are having alternative accommodation 44/236 and 44/226 Machhli Tola, Kanpur, where they can carry on their business. Hence, the release of the shop in premises no. 42/145 Bisati Bazar, Kanpur was sought.;