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VIVEK CHAUDHARY
Mahtab Husain – Appellant
Versus
IIIrd Addl. Dist. Judge Kheri – Respondent
JUDGMENT :
1. Present writ petition is filed by the petitioner-tenant against the judgment and order dated 20.8.2014 passed by the Prescribed Authority as well as order dated 3.1.2019 passed by the appellate authority, whereby the release application of respondent no.3-landlord is allowed and the order dated 20.8.2014 is affirmed.
2. The dispute is with regard to a shop under tenancy of the petitioner for which, a release application was filed by respondent no.3-landlord, claiming that both his sons are not having any job and are at the age of marriage, therefore, in the said shop, he intends to engage his sons for carrying on business of computer, mobile phones and other related equipment and materials.
3. Both the courts below have found the need of respondent no.3-landlord bona fide and genuine and directed for eviction of the petitioner from the shop.
4. I have heard for the petitioner Sri Mohd. Arif Khan, learned Senior Advocate, assisted by Sri Mohd. Aslam Khan and for respondent no.3, Sri Samarth Saxena, learned Advocate and perused the record.
5. The first submission, challenging the impugned orders, raised by learned Senior counsel for the petitioner, is that before moving of a
Point of law : Since there is no bar under law upon the landlord in filing the release application, for which he is not even required to serve a notice under Section 21 of the Act of 1972 upon the te....
The main legal point established in the judgment is the interpretation and application of the landlord-tenant relationship, the retrospective reading of the amendment in the release application, and ....
The landlord's bona fide need for premises cannot be questioned by the tenant regarding alternative accommodation; the landlord is the sole arbiter of his needs.
A landlord's bona fide need for premises does not require proof of dire necessity, and tenants must demonstrate efforts to find alternative accommodation to establish greater hardship.
The bona fide need of a landlord for eviction under the Uttar Pradesh Urban Buildings Act is a factual determination that should not be interfered with by the courts, and tenants cannot dictate the m....
Compliance with the mandatory conditions of Section 21(1)(a) of Act No. 13 of 1972, including the requirement of giving a six-month prior notice to the tenant, is crucial for the maintainability of a....
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