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JUGAL KISHOR versus MAHESH CHANDRA SAXENA & OTHERS

High Court of Judicature at Allahabad

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Jugal Kishor v. Mahesh Chandra Saxena & Others - WRIT - A No. 707 of 1987 [2006] RD-AH 4448 (24 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No.51)

Civil Misc. Writ Petition No.707 of 1987

Jugal Kishore  Vs. Mahesh Chandra Saxena and others

Hon.S.U.Khan,J.

Heard learned counsel for the parties.

This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord Mahesh Chandra Saxena - respondent no.1 since deceased and survived by legal representatives against tenant-petitioner.  Respondent nos. 2 and 3 who are sisters of landlord - respondent no.1 were impleaded as proforma respondents.  Property in dispute is a shop rent of which is Rs.12/- per month.  In the release application need for landlord himself was set up.  Release application was registered as Misc. case no.115 of 1979.  Prescribed authority/Munsif, Budaun through judgment and order dated 3.11.1981 dismissed the release application.  Landlord-respondent no.1 filed Misc. Civil Appeal no.103 of 1981 against the said judgment and order.  IInd A.D.J., Budaun through judgment and order dated 7.11.1986 allowed the appeal and release application of the landlord was allowed.  

This writ petition by the tenant is directed against the aforesaid judgment of appellate court dated 7.11.1986.  Unfortunately during pendency of writ petition landlord-respondent no.1 - Mahesh Chandra Saxena died on 15.12.2001.  He has been substituted by his legal representatives.

It has been held by the Supreme Court in K.N. Agarwal Vs. D. Devi 2004 (2) A.R.C. 764 (S.C.) that if the landlord for whose need alone building has been released dies, need vanishes, release order becomes void and has to be set aside on the ground of death of the landlord alone.

Accordingly, writ petition is allowed only on the ground of subsequent development of death of landlord.  Judgment and order passed by the appellate court is set aside.  Judgment and order passed by the Prescribed authority is restored. If the legal representatives of deceased landlord need the shop, they are liberty to file fresh release application under Section 21 of U.P. Act No.13 of 1972 for their own need.

I have held in Khursheeda Vs. A.D.J. 2004 (2) A.R.C. 64 that while granting relief against eviction to the tenant in respect of building covered under Rent Control Act, writ court is empowered to enhance the rent to a reasonable extent.

Accordingly, it is directed that with effect from March 2006 onward tenant-petitioner shall pay rent to the landlord-respondent at the rate of Rs.450/- per month.

22.2.2006

RS/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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