SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri Maha Prasad holding brief of Sri Pramod Kumar Jain, learned counsel for the plaintiff-petitioner and Sri S.S. Pandey holding brief of Sri Vivek Saran, learned counsel for the plaintiffs-respondents.
(2.) Admittedly, the original plaintiff Krishna Gopal was the owner and landlord of the house in question i.e. House No.3, Mohalla Khatikan, City Muzaffarnagar. In the front portion of the aforesaid house there is a shop of which the defendant-respondents are the tenants. The aforesaid original plaintiff was a retired government employee. He had three sons. One son has died leaving behind his widow Smt.Updesh and three daughters. The other two sons namely, Anirudh Kumar and Devendra Kumar are married. The grand son of the original plaintiff- petitioner namely, Sri Nitin Kumar was unemployed.Therefore, to set up business for employment of his grand son Nitin Kumar, the original plaintiff filed P.A. Case No.30 of 2003 (Sri Krishna Gopal v. Puneet Kumar and others) alleging that he is in bonafide need of the disputed shop. In the aforesaid case, the parties led their evidences. The aforesaid P.A. case was dismissed by judgment dated 13.12.2005 passed by the Prescribed Authority/Civil Judge, Muzaffarnagar, rejecting the release application of the original plaintiff under Section 21(1)(a) of U.P. Act 13 of 1972.
(3.) Aggrieved with that judgment, the plaintiff-petitioner filed Rent Control Appeal No.1 of 2006 ( Krishna Gopal v. Puneet Sharma) which was dismissed by judgment dated 8.10.2007 passed by the Additional District Judge (Court No.8), Muzaffarnagar.;