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Badan Singh v. Iiird A.D.J. And Others - WRIT - A No. 14818 of 1989 [2006] RD-AH 5858 (10 March 2006)


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(Court No.51)

Civil Misc. Writ Petition No.14818 of 1989

Badan Singh  Vs.  III Additional District Judge, Mainpuri and others


This is tenant's writ petition arising out of eviction/release proceedings initiated by the landlady-respondent no.3 Smt. Bhagwani Devi on the ground of bonafide need under Section 21 of U.P. Act No.13 of 1972 in the form of Misc. Case No.8 of 1983 on the file of Prescribed authority, Shikohabad.  Property in dispute is a residential house situate in Shikohabad.  In the release application it was stated that landlady was residing at Sirsaganj a nearby small town and she intended to shift to Shikohabad for proper education of her grant sons.  Release application was allowed on 3.2.1988.  Against the said judgment and order tenant-petitioner filed Misc. Appeal No.17 of 1988.  IIIrd A.D.J., Mainpuri on 22.7.1989 dismissed the appeal hence this writ petition.

Unfortunately this matter has remained pending for 23 years.  In 23 years age of education is over.  Accordingly even though I do no find any error in the concurrent findings of bonafide need and comparative hardship recorded by both the courts below in favour of the landlady-respondent however, writ petition has to be allowed on the ground of subsequent event namely grand sons for whose education house in dispute was sought to be released are now beyond the age of formal education.

Accordingly, writ petition is allowed.  Judgment and order passed by both the courts below are set aside.

In some what similar circumstances the Supreme court in A.K.Bhatt Vs. R.M. Shah A.I.R. 1997 S.C. 2510 allowed the appeal of the tenant on the ground that shop in dispute had been released in favour of the landlord for doing business, however at the time when Supreme Court finally decided the appeal landlord had become 87 years of age and it was not possible for him to start the business.  In the said judgment the Supreme Court enhanced the rent and also directed the tenant to pay enhanced rent for the period when appeal remained pending before the Supreme Court and dis-possession of the tenant remained stayed.  In this writ petition also dis-possession of the tenant was stayed.

Accommodation in dispute consists of two rooms and one veranda.  Existing rent of Rs.25/- per month is virtually as well as actually no rent.  Accordingly, it is directed that since the date of stay order i.e. 2.8.1989 till 31.3.2006 tenant shall pay rent to the landlady at the rate of Rs.250/- per month.  With effect from 1.4.2006 onward rent shall be paid at the rate of Rs.450/- per month.  No further amount towards water tax etc. shall be payable by the tenant.  Arrears of rent from 2.8.1989 till 31.3.2006 shall be paid in 36 equal monthly installments alongwith current rent by 7th of each succeeding month. (First installment to be paid by 7.5.2006)  In case there is any default in payment of arrears of rent as aforesaid, this order shall stand automatically vacated and writ petition shall stand dismissed.




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