Manoj Kumar Gupta, J. - (1.) Heard Sri Sanjay Agrawal, counsel for the petitioner and Sri K.P. Tiwari counsel for the respondents.
(2.) An interesting point arises for consideration in the instant petition. The question is whether a landlord can seek eviction of tenant under Section 21 (1) (a) of U.P. Act No.13 of 1972 (for short 'the Act') on the ground that the building in his tenancy is required for demolition and construction of a new market complex with more number of shops so as to fetch higher rent and thereby augment his income.
(3.) The petitioner is the owner and landlord of Building No.147 Laxmanganj, Jhansi popularly known as Ram Gopal Market comprising of several shops. Five shops in the said market are in the tenancy of the respondent-tenants. The petitioner applied for eviction of the respondent-tenants under Section 21(1)(a) of the Act. It is alleged that the total amount of rent being fetched from shops in the tenancy of the respondent-tenants is Rs.390/- per month. The petitioner, who is an advocate, has not been very successful in profession, therefore he wants to augment his income and for such purpose he would construct a new commercial complex, after demolishing the existing one. It will have shops in the basement, ground floor and first floor and help him in augmenting his income. It is also vaguely asserted that there is paucity of residential accommodation with him. The relationship between his wife and daughter-in-laws is strained resulting in mental tension to him and his wife. It is admitted in the release application that five shops on the ground floor are lying vacant. It is alleged that in one of these shops, there exists a mazar of Syed Baba. It is also admitted that behind the market, there is residential building of the petitioner.;