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J. J. MUNIR
Mohd. Ishaq – Appellant
Versus
A. D. J. /Special Judge S. C. /S. T. Act Jhansi – Respondent
JUDGMENT :
1. This is a tenant's writ petition arising out of a judgment and order passed by Mr. Vigyanram Mishra, the then Additional District Judge/ Special Judge, SC/ST Act, Jhansi in Rent Control Appeal No.6 of 2009, allowing the appeal, setting aside the judgment and order dated 07.05.2009 made by the Prescribed Authority and granting the landlord's application for release under Section 21(1)(a) of U.P. Act No.13 of 1972.
2. An application for release was made on behalf of Kailash Babu Agrawal seeking release of Shop No.13, situate at Mohalla Nanjhai Bazar, Jhansi against the tenant, Mohd. Ishaq on the ground of his bona fide need. The application was made under Section 21(1)(a) of U.P. Act No.13 of 1972 (for short, 'the Act') with a case that Shop No.13, Nanjhai Bazar, Jhansi (for short, 'the demised shop') was purchased by Kailash Babu Agrawal (hereinafter referred to as 'the landlord') on 11.01.1993 for the purpose of his own need. It is the landlord's case that he neither has a house to live or a shop to carry on business of his own. The demised shop, that is in the tenancy occupation of Mohd. Ishaq (hereinafter referred to as 'the tenant') is bona fide required by the landl
The court emphasized the importance of considering changed circumstances and the landlord's comparative hardship in determining the bona fide need for release applications.
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....
Point of Law : It is required on the part of petitioner to search accommodation after filing the release application and in the present case there is no dispute that the petitioner had never made any....
The main legal point established in the judgment is that the landlord's bona fide need for the shop, the comparative hardship between the landlord and the tenant, and the lack of efforts by the tenan....
The concept of bona fide need requires a genuine desire for premises, and the landlord's choice of accommodation should be respected by the court.
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