J.C.GUPTA
REMINGTON RAND OF INDIA LTD. , MEERUT – Appellant
Versus
VTH ADDL. DISTRICT AND SESSIONS JUDGE – Respondent
( 1 ) THIS is tenants petition.
( 2 ) AN application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act) was moved by the landlady-respondent No. 2 for the release of the shop in question, which is admittedly in the tenancy of the petitioner. The need shown therein was that the disputed shop is bona fide required by her husband and her youngest son Raj Kumar for establishing some business therein as both of them were unemployed, the husband having left the service at Delhi and the son having completed his studies. She has no other vacant shop with her, whereas the tenant being a big business concern could procure any other shop in the city of meerut and could shift their business, in case the application was not allowed, the landlady would suffer greater hardship than the tenant.
( 3 ) THE release application was contested by the tenant-petitioner on a number of grounds. It was denied that the husband and son of the landlady were unemployed. " It was asserted that the husband of the landlady was still working in Delhi and in any case he was unable to do any business because of his old age and physical incapacity. As regard
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