PRAKASH KRISHNA, J. - (1.) THE petitioner is the landlord of a house situate in Mohalla Ther, Sambhal, District Moradabad of which the respondent is a tenant on a monthly rent of Rs. 70/-. The petitioner, who is carrying on the business of iron and hardware and agricultural implements, applied for the release of tenanted accommodation on the ground that it is bonafide required for the purposes of a godown wherein, he can store pipes about 21 ft. in length, fodder machines and other agricultural implements. He is suffering irreparable loss on the account of paucity of suitable accommodation. Besides above, it was further pleaded that his family consists of himself, his wife and three sons, who were aged about 18 years, 16 years and 9 years when release application was filed in the year 1986. Presently, he is running his business from a shop of 11 ft. x 30 ft. which can be used only for trading purposes. It was further pleaded that the persons mentioned in paragraph 7 of the release application who are in the like business of the petitioner are having godown and workshop besides the shop. On the above premises, the release of the disputed shop was sought for under Section 21 (1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 (hereafter referred to as the Act).
(2.) THE said release application was contested by the contesting respondent herein, on the ground that the need as set out by the petitioner in the release application is not bonafide and genuine and he would suffer greater hardship if ultimately the accommodation in dispute is released as the tenant has no alternative accommodation to shift his business. The tenant is carrying on the business of supply of electrical goods, fittings and decorative bulbs etc. to the shops, offices etc. He has valid licences for such supplies from the municipal department also. He is engaged in the business since year 1972 and using the disputed premises for storing electrical materials. The parties led evidence in support of their respective cases.
(3.) THE release application was dismissed by the Prescribed Authority by the order dated September 21 st of 1990, on the ground that the need of the landlord is not bonafide and genuine. He has got a shop on rent at Arya Samaj Road measuring 10 ft. x 22 ft. the existence of which was suppressed and was not disclosed in the release application which indicates the lack of bonafide requirement on the part of the landlord. Further, the landlord has taken a property on rent from Smt. Beena Agrawal, who is landlord's wife's sister and Smt. Beena Agrawal does not require the said accommodation presently and the said accommodation which is about 339 Sq. Mtrs. is sufficient to fulfil the need of the landlord. It was also held that the landlord may convert a part of the residential portion into a godown or a workshop. The said order was confirmed in rent control appeal No. 58 of 1990 by the judgment dated March 30,1991 of the appellate Court in appeal.;