important point
Prayer for remanding the matter to authorities only with intention of delaying litigation must be deprecated and rejected.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Uttranchal High Court allowing the writ petition filed by the respondent. Said respondent undisputedly is the landlord of the premises which were let out to the present appellants.

3.An application under Section 21(1)(a) of U.P. (Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, (Act No.13 of 1972) (hereinafter referred to as the ‘Act’) was filed by the respondent against the appellants praying for the release of the Shop situated at Mohalla Bazar Ganj (Park Road), Kashipur, District Udham Singh Nagar, which was under tenancy on the ground that the respondent has passed High School Certificate Examination and is unemployed and he has no independent business to earn his livelihood and, therefore, he wants to do the business of Electrical Goods, T.V., V.C.R., Music System, Cooking Range etc. in the said Shop.

4.It was, further, stated by the landlord in his release application that his father Sri Mithilesh Kumar Gupta is doing the independent business in the name of Mithilesh Kumar and Brothers of which his father is the sole owner and there is no possibility of employing any other person, as the shop in possession of his father is not so elaborate ‘so as to accommodate the respondent also. It was also stated that he also does not want to join the business along with his father, as he wants to do the independent business. It has further been stated in the release application that he has already been married in 1994 and is separate from his father and as such, the shop in dispute is required for his own use and occupation for settling himself in the independent business.

5.A written statement was filed by the present appellants in which it was stated that the landlord can be accommodated in the business of the father.

6.An affidavit was filed by the respondent who has deposed that he wants to run the independent business and he cannot settle himself along with his father. So far as the availability of the other shops are concerned, it was specifically stated that all other shops are rented accommodation and the tenants are occupying the same.

7.The prescribed authority, Kashipur District Udham Singh Nagar allowed the application of the respondent directing the appellants to vacate the shop within a period of 30 days.

8.Being aggrieved the appellants preferred an appeal which was allowed by the appellate authority. The respondent filed Writ Petition under Article 227 of the Constitution of India, 1950 (in short the ‘Constitution’). The High Court as noted above allowed the writ petition of the respondent and directed the appellants to vacate the premises.

9.In support of the appeal, it was contented by learned counsel for the appellants that the parameters relating to bonafide needs and comparative hardship have not been considered in the proper perspective.

10.Learned counsel for the respondent on the other hand supported the judgment of the High Court stating that the High Court has kept in view the factual scenario and applied the appropriate and applicable principles and, therefore, no interference is called for.

11.So far as the basic need concept is concerned in Akhileshwar Kumar and Others v. Mustaqim and Others1, [AIR 2003 SC 532] it was inter alia held as follows:“In our opinion, the approach adopted by the High Court cannot be countenanced and has occasioned a failure of justice. Overwhelming evidence is available to show that the plaintiff No. 1 is sitting idle, without any adequate commercial activity available to him so as to gainfully employ him. The plaintiff No. 1 and his father both have deposed to this fact. Simply because the plaintiff No. 1 is provisionally assisting his father in their family business, it does not mean that he should never start his own independent business. What the High Court has overlooked is the evidence to the effect, relied on by the trial Court to