- (1.) This is landlord's petition.
(2.) Shop No. 331/7, M. S. K. Road, Shamli, Muzaffarnagar is the subject-matter of the application for release moved under Section 21(1) (a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) by the petitioner before the Prescribed Authority. The shop in question was required for the petitioner's son Pradeep Kumar as he wanted to start a new business of crockery and general merchandise because the present business of electrical goods which was being carried on in another shop No. 331/2, Shamli was not earning good profits and the said Pradeep Kumar wanted to augment his income. It was alleged that the said shop measured 6' x 8' and was too small for setting up the business of crockery and general merchandise. The shop in question being of a big size would suitably serve the need of Pradeep Kumar to run the proposed business. The shop presently in occupation of the landlord wherein Pradeep Kumar was carrying on business was also offered to the tenant to shift his business therein.
(3.) The release application was contested tooth and nail by the tenant respondent. It was pleaded that he has been tenant since the year 1966. The family of the landlord is a joint family and they own extensive properties. Some of the premises were in occupationof the tenants and the others were in the occupation of the landlord. The tenant was running the business of cycle and rickshaw repairing as well as of gas welding. He was also giving rickshaw on hire and he would suffer irreparable injury in case he was evicted from the shop in question. The tenant further alleged that shop No. 340/8 was in the tenancy of Kundan Lal. The shop had three apartments. A portion thereof was vacated and given to the landlord through a mutual agreement and the portion which came into occupation of the landlord was let out to Suresh Panwari after getting a new shop constructed whose present number is 331/1. Another shop was constructed bearing No. 331/2 in which the landlord and his son is carrying on business of electrical goods. The family of the landlord is also carrying on business of Radio, T.V. Fridge etc. in shop No. 3315.The business of furniture is also being carried on by the joint family of the landlord in shop No. 331. It is a very big shop having three shutters and all the sons of the landlord were engaged in that business. In short the case of the tenant was that the disputed shop was not at all required by the landlord and he merely wanted to get the tenant evicted since he has been tenant for a long time. As regards the alternative accommodation, it was pleaded by the tenant that the said shop is too small and is not faced on main road and is not suitable for him to carry on his business.;