1994 JTR(SC) 14
1995 Supp2 SCC 586
SUPREME COURT OF INDIA
BEFORE S. MOHAN AND M.K. MUKHERJEE, JJ.
VINAY KUMAR AND OTHERS
Versus
DISTT. JUDGE, GHAZIPUR AND OTHERS
Civil Appeal No. 2963 of 1986
Decided on 5-1-1994
Act Referred :UTTAR PRADESH URBAN BUILDINGS REGULATION OF LETTING, RENT AND EVICTION ACT : S.21(1)(b)
Appeal dismissed
ORDER
1. The application of the respondent under Section 21(1)(b) of the U.P. Act was allowed by the trial court. On appeal one of the contentions was whether the son of the landlord was in government service as a doctor and yet whether he desired to set up a private clinic after resigning the government service. To this the tenant had filed a counter. This affidavit was taken on file and on that basis the order of eviction was affirmed. The writ petition filed before the High Court by the tenant also suffered the same fate.
2. The only point urged before us in this civil appeal is that the son of the respondent/landlord is in government service and, therefore, he cannot have any bona fide need to start his private clinic. We are unable to agree. He has offered to resign through the affidavit that is on the record to show his intention to start a private clinic. There are no merits in this civil appeal which is dismissed. No costs.
For Citation: 1995 Supp(2) SCC 586