Manoj Kumar Gupta, J. - (1.) The instant petition is directed against the judgement dated 6.9.2013 passed by the Appellate Court in Rent Control Appeal No.64 of 2009. The Appellate Court has allowed the appeal filed by the respondent-tenant under Section 22 of the U.P. Act No.13 of 1972 (for short the Act') and has set aside the order dated 30.4.2009 by which the Prescribed Authority had allowed the release application filed by the petitioner-landlord under Section 21(1) of the Act.
(2.) The facts necessary for disposal of the instant petition are as follows :- The release application was filed by the petitioner-landlord (for short 'the landlord') under Section 21(1)(a) and (b) of the Act for release of a shop on the ground floor of Building No.212, Mohalla Garhi Sarai, Shahganj, Allahabad in the tenancy of the respondent-tenant (for short 'the tenant'). It is stated in the release application that a partition has been effected between him and his brother Mohd. Harun and the eastern part of the building has fallen to the share of his brother Mohd. Harun and western portion to his share. His brother Mohd. Harun had re-constructed his portion so that at present there are three shops and a stair-case on ground floor and a residential portion over it in which he has started living with his family which comprises two sons and two daughters. The western part, which fell to the share of the applicant is in bad shape and could collapse any time. His family comprises of two sons, the elder one aged 35 years is married, while the other son aged 27 years is still to be married. He also has five daughters out of whom two are married. His sons, due to lack of proper education, are not employed any where. The applicant is an aged person and has limited source of income. He is unable to marry his daughters because of paucity of funds. His sons want to establish themselves in business. One other shop on the ground floor of the portion coming to his share was in the tenancy of one Mohd. Sharif. It has been released in his favour by order of the Prescribed Authority dated 2.5.2001 in PA Case No. 2 of 2001. The other shop is in possession of the respondent-tenant. After the respondent-tenant vacates the shop, he will demolish the entire western portion of the building and would raise new constructions to suit the need of his family. It would comprise of shops on the ground floor and a residential building on the first floor.
(3.) The release application was contested by the tenant by filing written statement contending that there is no legal partition between the petitioner and his brother and only on basis of some oral partition, the petitioner is claiming that the western portion of the building had fallen to his share. The disputed shop lies in the main market of the City. The need of the petitioner is not bonafide as he belongs to a zamindar family. He owns large chunk of land in village Jalalpur Goshi. His both sons are engaged in zamindari work. He only wants to evict the old tenants. He intends to construct a multistoried market complex and sell the same. The assertion in the release application that the adjoining shop was got vacated from its previous tenant was denied for want of knowledge. It is also asserted that the building is in perfectly sound condition and does not require demolition and new construction.;