Rakesh Tiwari, J. - (1.)Heard Counsel for the petitioner and Sri Sumit Daga, Counsel for the caveator. Also perused the record.
(2.)The petitioner, a private medical practitioner, is tenant of shop No. 39/B/2, Civil Lines (south), Muzaffarnagar since more than 25 years. The case of the petitioner is that he was inducted by the erstwhile landlord late Dr. Prakash Chand Jain on a monthly rent of Rs. 200.00.
(3.)Sri Rohit Jain, respondent is landlord of the premises in dispute on the basis of a will executed by late Smt. Mala Jain. He filed release application under Sec. 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, which was registered as P.A. Case No. 37 of 2001 interalia that he has terminated the tenancy of the petitioner vide notice dated 30.1.2001 as he requires the shop for his own business; that he is married having a son; that he was earlier assisting his late father in his medical shop; that after death of his father, the business of medical shop is being looked after by his elder brother and that he intends to stand business of provisional general store. I was also alleged that the petitioner-tenant is also running a clinic at Mill Road, Mansoorapur and he has no need of the shop in dispute.