why he wants to leave his flourishing business in UK and settle in India. The petitioner in his evidence has specifically stated that he has retired from the said business and has also gifted his property, i.e. "Gobind House" and is now surviving on the old age Government pension which was not countered by the respondent. Moreover, the petitioner categorically stated that his son Shri Makhan Singh is barely meeting his ends and is totally dependent upon him financially. The respondent has not placed on record anything to show that either Shri Makhan Singh or his three sons, i.e., Shri Nirver Singh, Shri Nirbhao Singh and Shri Dharam Singh are having any established business or gainfully employed. Another point which was raised was mentioning of other shop in the site plan, which after evidence it is conclusively established that the other shop is being run by the petitioner through his representative Shri Pritam Singh. The other shop is measured around 13 ft x 15 ft whereas the tenanted premises is measured about 13 ft x 48 ft. The site plan (Ex.PW1/2) filed by the petitioner has not been disputed by the respondent as same being either wrongly depicting the measurements of tenanted premises or its position thereof. The petitioner wants to establish his son Shri Makhan Singh and his three grandsons, which in the opinion of this tribunal requires sufficient space and the shop in rear portion, which is measuring 13 ft x 15 ft, by all means is not sufficient to establish four people in the business, whereas the tenanted shop which is admittedly thrice the size of shop in rear portion, may satisfy the commercial bonafide requirement of petitioner and his family.
