K.C. Agrawal, J. - (1.) This is a tenants writ petition filed against the judgment of the 1st Additional District Judge, Nainital dated Nov. 21, 1977 allowing an appeal filed by respondent No. 3.
(2.) An application under Section 21 (1) (a) was filed by Jai Kumar, respondent No. 3 for release of the shop in occupation of the petitioner on the ground that on a mutual partition held amongst the members of the family, the shop in question fell to the share of Jai Kumar and as he was unemployed, after obtaining technical education in 1966 he wanted to start business of generating sets and electric goods in the premises in dispute. On the objection raised by the petitioners Jai Kumar impleaded M/s. Sudama Lal Ram Ashrey and S/Sri Onkar Saran and Raj Narain as applicants. Jai Kumar alleged that the petitioners had their own shop in Durga Mandi and that they could carry on their business in the same.
(3.) The application was contested by the petitioners. As already observed above, the shop had been let out to a firm M/s. Kesho Saran Laxmi Narain which was constituted of Laxmi Narain, Manohar Lal and Dinanath as partners. The tenants claimed that Jai Kumar did not bona fide require the shop for his own use as he did not want to start the business himself. It was claimed by the petitioners that Jai Kumar was a partner of the firm M/s. Sudamalal Ram Ashrey and that the earnings made from the said firm in which Jai Kumar had also a share was sufficient to meet the need of Jai Kumar. It was claimed that the application was filed by Jai Kumar with an ulterior motive to get the tenants thrown out of the possession of the premises in dispute so that the respondents may be able to let out the same at higher rent.;