Shitla Prasad Srivastava, J. - (1.) THIS petition under Article 226 of the Constitution of India has been filed by the petitioner, who was the tenant of the accommodation in question. The prayer is for quashing the judgment and order dated 11th November, 1997, passed by Xth Additional District Judge, Aligarh in appeal and the order dated 19th March, 1997, passed by the Prescribed Authority/I Additional Civil Judge, Aligarh. The relevant facts for the purpose of the present writ petition are that an application under Section 21(1)(a) of U.P. Act No. 13 of 1972, hereinafter referred to as Act only was filed by Shri Dhani Ram respondent No. 3 against the petitioner for release of the shop situate in Mohalla Mama Bhanja, Aligarh, wherein Municipal No. 13/36 hereinafter referred to accommodation only. The landlord urged in his application for release that he carries on the business of hardware and parts of agricultural equipment but he wants to diversify into dealing with the Electronics goods and sales of fans, cooler, geyser etc. and for expansion of his business he requires the accommodation in the tenancy of the petitioner. It was further stated that the landlords' family has growing need and he has four daughters and two sons to settle in their life. For these settlements the accommodation in tenancy of the petitioner is required.
(2.) IN paragraph 10 of the application it was stated that the tenant holds/owns seven business establishments. The details of the business establishments are given in this paragraph. It was also stated that the tenant has five storied building situated at Mamoo Bhanja Road Aligarh in which the tenant carries on the business at the first floor, second floor and third floor under the name and style of M/s. Goodluck Electronics. It is further stated that the tenant also carries on the business in a big shop near Goddess Kela Devi Mandir, Mamoo Bhanja in the name and style of M/s. Super Electronics, which he has started since 10th July, 1994. It is stated that in the accommodation in question the tenant carried on the business in the name and style of Madhur Bani Radios, but for the last few years either the shop is already closed or if it is opened, the tenant gets his servant seated therein, simply to retain the shop to extract the premium form the applicant and there will be no hardship to the tenant if the accommodation is released in favour of the applicant. The case was contested by the petitioner on a number of grounds. It is stated that the nature of the applicant's business does not require any showroom as it is a general trading business and not dealing in the local purchase and supply to the customers direct form the place of his business. The daughters of the applicant are not of marriageable age and the sons are also of the tender age. The purchase of the building by the tenant was also denied. The existence of business in Mamoo Bhanja road was not denied but it was stated that tenant has no concern with M/s. Quality Electronics Mamoo Bhanja, M/s. Super Electronics Mamoo Bhanja. It as also stated that the has no concern with the M/s. Premier Industries. It was stated that he tenant was carrying on the business of sales and service of Radios and transistor under the name and style of Madhur Bani Radios in the shop in question. It is the only source of getting bread and butter/livelihood of the tenant. It was also stated that now due to induction of television the sale of new radios and transistors is affected, hence he is paying more attention towards repairing of sale of parts of the radios and transistors. He has knowledge and experience of repairing radios and transistors. It was stated that the shop in question is part and parcel of the building which was previously owned by Sri Nain Sukh Dass, who had two wives. Out of one wife, son Mool Chand was born and from second writ the applicant was born. Mool Chand died leaving his widow Smt. Kailashi Devi and his daughter so, present application is not maintainable by the applicant and is barred by Rule 15 framed under the Act. There is no partition in the family of the applicant also. It is stated that the tenant has earned goodwill from the shop in question and to change and shift the business place will completely ruin the business of the tenant, whereas the applicant has got alternative accommodation suitable to his business in which there is a potential area. It is also stated that newly purchased land at Mahendra Nagar near Royal Talkies, Aligarh cannot be sued for business purpose, but residential house is being constructed by the wife of the tenant to accommodate herself and her two sons who were likely to be married and the building situate at Nehru Gali is very small one in a narrow gali 2 to 2 1/2 feet wide, which is being used as a godown of cassettes of M/s. Five Star Electronics, the wholesale business run by the wife of the tenant with which the tenant has no concern. It is also stated that the applicant also possesses seven shops of big space of about 4000 sq. meter at G.T. Road near Bhakarwali and the said shop is left vacant. The applicant can establish his business there. It is also stated that the applicant carried on money lending business.
(3.) THE Prescribed Authority on 19th March, 1997 allowed the application for release. The petitioner aggrieved by the aforesaid order filed an appeal which was dismissed on 11th November, 1997. The petitioner has challenged these two orders in the present writ petition.;