IMPORTANT POINT
Every male adult member of landlord’s family is entitled to do independent separate business and no one can be compelled to participate in the business carried out by other family members.

Honble S.U. Khan, J.—This is tenant’s writ petition arising out of eviction/release proceedings initiated by landlady-respondent against him on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 60 of 1997. Property in dispute is a shop which was purchased by landlady’s father-in-law in her name on 17-12-1991. Petitioner is tenant of the said shop since before its purchase by landlady-respondent. Rent of the shop in dispute is Rs. 93.43 p. Landlady in her release application asserted that the shop was required for her husband Jagmohan Singh. It was further stated that previously Jagmohan Singh was doing business along with his father and brothers in the shop of his father, however, after the death of Asha Singh, her father-in-law on 30-4-1992, there was dispute among brothers and Jagmohan was separated from the shop in dispute.

2. Prescribed authority through judgment and order dated 10-9-1999 dismissed the release application. Prescribed Authority held that the alleged notice of six months as required by first proviso to Section 21 was not served upon the tenant. Prescribed Authority also held that need was not bonafide, as husband of landlady was doing business in another shop, which initially belonged to his father and he had inherited the same after the death of his father. Against the judgment and order of the Prescribed Authority landlady-respondent filed Appeal No. 22 of 1994. Additional District Judge, F.T.C. III, Saharanpur through judgment and order dated 6-12-2004 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and allowed the release application of the landlady. However, tenant was awarded damages equivalent to two years rent. This writ petition by the tenant is directed against the aforesaid judgment of the Appellate Court.

3. As far as the notice under first proviso to Section 21 of the Act is concerned, Appellate Court found that such notice was served upon the tenant. Appellate Court further held that release application was filed after more than 5 years from purchasing the property, hence notice was not necessary. The last finding is perfectly in consonance with the judgment of the Supreme Court in Anwarul Hasan Khan v. Mohd. Shafi and others, [A.I.R. 2001 S.C. 2984].

4. Before the Prescribed Authority landlady had filed affidavit stating therein that after the death of her father-in-law on 30-4-1992, all his five sons partitioned the three shops which they inherited from their father among themselves in such manner that the shop on which her husband was doing business fell in the share of his elder brother Charan Jeet Singh. It was further stated that the shop in dispute had been purchased by Asha Singh, father-in-law of the landlady in her name for establishing his son Jagmohan Singh in business. It was further stated that another shop had also been purchased by late Asha Singh in the name of his 5th son Amarjeet Singh. Landlady further pleaded that late Asha Singh had five sons and three shops and as he wanted to settle all his sons in separate business, hence he purchased two shops-one in the name of Amarjeet Singh and other in her name so that all the sons of Asha Singh could do independent separate business from different shops. During pendency of appeal, release application was also got amended and these pleas were inserted in the release application also. It was further stated in the affidavit of landlady before the Prescribed Authority as well as indicated in the release application through amendment at the appellate stage that after the death of Asha Singh, his five sons had divided the properties in such a manner that Charan Jeet Singh got the shop from where husband of the landlady Jagmohan Singh was doing business in the name of Raj Traders, Pritpal Singh the 3rd son of Asha Singh was given the shop in which he was since the time of his father doing the business by the name of Messrs Asha Singh and other