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SIDDHARTH
Kalyan Singh – Appellant
Versus
Anuj Bhushan Mittal – Respondent
| Table of Content |
|---|
| 1. genuine need of the landlord for business. (Para 3 , 4) |
| 2. court confirms authority's findings on need. (Para 5 , 7 , 8) |
| 3. landlord's discretion in property use upheld. (Para 6 , 11) |
| 4. tenant argues hardship vs landlord's need. (Para 9 , 10) |
| 5. petition dismissed with conditions for tenant. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
Siddharth, J.
1. Heard Shri Agnivesh, learned counsel for the petitioner and Shri Raj Kumar Kesari, learned counsel for the respondents.
2. This writ petition has been filed praying for quashing of the judgement and order dated 22.2.2021 passed by District Judge, Hapur in Rent Control Appeal no. 04 of 2019 and order dated 14.8.2019 passed by the Prescribed Authority/Civil Judge (S.D.), Ist, Hapur in P.A. Case No. 6 of 2017(Anuj Bhushan Vs. Kalyan Singh).
3. The landlord /respondent filed an application under section 21(1) (a) of U.P. Act No. 13 of 1972 before the Prescribed Authority praying for release of shop no. W-28/510 (1) Gandhi Ganj, Hapur for the need of his son Nitesh Mittal for doing business of Graphics. The landlord is doing business of Graphics in southern portion of the shop in dispute and wants the shop in dispute to be vacated for i
The court established that a landlord's bona fide need for premises must be genuine, and the existence of alternate accommodations must be evaluated in context.
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....
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.
The landlord is the best judge of his requirement and the tenant cannot dictate the landlord as to how and in what manner he should live. The availability of other vacant shops, as pleaded by the ten....
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 landlord's need for release of premises cannot be dictated by the tenant, and the landlord is the best judge of his need. The court cannot advise the landlord on how to carry out his business or ....
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