Point of Law: Subsequent events can be taken note of. The High Court, even though referred to the relevance of the subsequent events erroneously came to the conclusion that even if the judgment and order passed by the Courts below are erroneous in law.

JUDGMENT :

J.J. MUNIR, J.

1. This is a writ petition by the landlord, who was successful in proceedings for release under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (for short ‘the Act’) before the Prescribed Authority, but failed before the Appellate Authority.

2. Damodar Das, the landlord filed for release of shop bearing No. 193, situate at Mohalla Sarrafa Bazar, Jhansi, under Section 21(1)(a) of the Act, that was in the tenancy occupation of Ram Swaroop Ghura. The application was registered on the file of the Prescribed Authority/Judge, Small Cause Court, Jhansi as P.A. Case No. 63 of 2007.

3. The landlord's case in brief was that he is the owner and landlord of shop No. 193 aforesaid (for short ‘the demised shop’). The demised shop had fallen to his share in a family settlement. Ram Swaroop Ghura, who shall hereinafter be referred to as ‘the tenant’ was in occupation thereof on a monthly rent of Rs. 100/-. The tenancy commences on the 24th of each English Calendar month and ends on the 23rd following. The tenant has not paid rent since 25th January, 2000 and is in default. Separate proceedings are being taken on that ground. The landlord has no other shop available to him, except the demised shop. He needed the demised shop for his personal use and occupation. The landlord so far does business in the shop owned by his brother Bhagwat Prasad. The landlord's brother aforesaid is now asking him to separate and vacate his shop at the earliest. The landlord is a married man. He has a family comprising his wife and three children, whom he has to provide for. The landlord has no other shop available to him except the demised shop, whereas the tenant has another shop located at Bajaja Bazar, Jhansi. If the tenant is asked to vacate the demised shop, he would not suffer any hardship. The tenant seldom sits in the demised shop. For the most part, the shop is without business. It is on these allegations that the landlord prayed that the shop be released in his favour on the ground of his bona-fide need.

4. The tenant filed a written statement, traversing the landlord's case. It was asserted that the application for release has been made by the landlord in connivance with his brothers for the ulterior purpose of securing an enhancement of rent. The landlord has no need for the demised shop and is not without occupation. He has a prospering business in shop No. 192, Sarrafa Bazar, Jhansi, which is a very big shop. In the said shop, the landlord sells herbs and medicines, besides dealing in supply of acid. No family partition between the landlord and his brothers has taken place. The brothers together have a number of shops available to them. Shop No. 192 is in the exclusive occupation of the landlord, where he does business. In addition, the landlord utilizes his house bearing No. 42/1, Gopal Nikhri, Gola Kunwa, Jhansi, where he does wholesale trade as well as retail in spices and dry fruits. The landlord does not need to do any other business nor has he got time to engage in other business. The landlord has constructed a big godown that is part of shop bearing No. 192, where he stocks substantial quantity of goods. The landlord's brother, Bhagwat Prasad does not do business in shop No. 192, but has his business under the name and style of Bahi Company. The other brothers of the landlord have their independent shops. The demised shop was earlier held by the tenant on a rent of Rs. 17.50 per month, but later on the landlord and his brother got it increased to Rs. 100/- per month and ever since, the tenant is paying the said rent to Bhagwat Prasad. Upon service of notice by the landlord to pay him rent, the tenant paid it to him, but later on the landlord refused. In consequence, the tenant has deposited rent under Section 30 of the Act before the Civil Judge (Junior Division), Jhansi.

5. It is also the tenant's case that he is a tenant in the demised shop for the past 70 years and has established business that commands goodwill. In the