JUDGMENT

Sharad Kumar Sharma, J. - This is a tenant's writ petition, which is arising out of the concurrent judgements, which had been rendered by both the Courts below, while considering the application which was filed by the landlord/respondent for release of the tenant, by invoking the provisions contained, under Section 21(1)(a) of the Act No. 13 of 1972, whereby the respondent/landlord had sought the release of the tenement shop in dispute, in order to meet out his personal need of expansion of his business and further in order to augment his income so as to enable him, to meet out his family liabilities.

2. The release application, which was instituted by the respondent/landlord on 09.09.2015, and was numbered as PA Case No. 31 of 2015, had more particularly, described the tenement shop in question at the foot of the release application, which is referred to hereunder:-

3. In the release application, being thus filed by the respondent/landlord on 09.09.2015, the landlord/respondent has come up with the case, that the disputed shop in question was being occupied by the petitioner/tenant in the capacity of a tenant, and the rent, which was payable for the same was at the rate of Rs. 400/- per month, for the user of the property and which included the payment of taxes and other municipal dues, which fell due to be paid towards the disputed tenement. The fact, which was pleaded by the respondent/landlord in the release application, and which remained un-rebutted by the petitioner/tenant, was to the effect that there exists and existed a relationship of the landlord and tenant between them and the tenement in question it constituting to be the part of an old existing construction, which is lying within the municipal area of Nagar Nigam, Dehradun and the provisions of Act No. 13 of 1972 are applicable. These facts are not and were never disputed by the petitioner/tenant.

4. The respondent/landlord. had specifically pleaded, in the release application that his family constitutes of his wife and three grown-up daughters, who are at present of 25, 21 and 12 years respectively, and hence, he contends that since he was doing a business along with his father Mr. Baldev Singh, by assisting him in the business, who was having a business under the name and style of 'Gaylord Emporium', at Paltan Baar, Dehradun, hence he wants himself to be independently engaged, in a business, which he was operating from an adjoining shop, wherein from where, he was dealing with the electronic items of a renowned company 'Samsung', and hence he submitted in thepleadings, that the shop from where he was doing his business, which falls to be a part of the same building where the property, as described above was situated, he, in order to expand his business, and further in order to conveniently conduct the business, which from a business prospective view requires a larger space as various electronic goods, for example, TV, fridge, microwave, air-conditioners, washing machines and other items, apart from the fact that they are required to be displayed in the showroom to attract probable buyers, it also requires enough space for stocking the goods to be made sellable, from the Samsung business in which the landlord/respondent was engaged in.

5. He, the landlord/respondent submitted that at present, the shop, which is being occupied and from where he was dealing with his electronic goods, was too small, hence he bonafidely required by him for the purposes of expansion of his business and looking to the nature of his business, in which he is engaged, he requires major items to be displayed in the showroom in order to attract the probable purchasers to augment the income from the business, in order to meet up the increasing need of the expenditure of his family, which he has to meet to provide better education to his three major daughters, and also in order to meet up the probable expenditure, which he may have to incur in future for solemnising their marriages.

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