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Tota Singh & Another v. Mukut Bihari Lal Sharma & Others - WRIT - A No. 15986 of 2007 [2007] RD-AH 6295 (5 April 2007)


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Court No. 7

Civil Misc. Writ Petition No. 15986 of 2007

Tota Singh and another Vs. Mukut Bihari Lal Sharma and others

Hon'ble Prakash Krishna, J.

Heard Sri A.K. Sinha, learned counsel for the petitioners and Sri A.K. Gupta, learned counsel for the contesting respondents no. 1 to 12.

The present writ petition arises out of release proceedings initiated by the contesting respondents under Section 21 (1)(a) of U.P. Act No. 13of 1972 in respect of one shop situate in Mohalla Quila in Kasba Jahangirabad, Tehsil Anoop Shahr, District Bulandshahr. It is not in dispute that the petitioners are the tenants of the contesting respondents at the rate of Rs. 180/- per month and are doing business of selling vegetables. An application for release of the afore-stated shop was filed on the ground that Anil Kumar, the second son of Mahesh Prasad Sharma, who has passed the Intermediate Examination and has also obtained a Diploma in the year 1982 from ITI, is unemployed. In spite of the best efforts, he could not secure any job. Therefore, it was stated that the shop in question is needed to establish Anil Kumar in some business. In response, the petitioners raised a plea that the need of the landlords-respondents is not bonafide and genuine inasmuch as there are three other vacant shops wherein Anil Kumar can be accommodated. The case of the landlords-respondents was that the alleged vacant shops are in the shape of godown and situate in a Gali, hence cannot be utilised by Anil Kumar. Both the courts below have allowed the release application on the findings that the alleged vacant shops are in the shape of godown and they were offered by the landlords to the petitioners-tenants as an alternative accommodation but the said offer was not accepted by the petitioners-tenants.

Feeling aggrieved by the aforesaid judgment and order of the courts below, the present writ petition was filed. The petition was heard initially on 29-3-2007. Sri A.K. Gupta, learned counsel for the respondents again offered that the respondents are ready to give one of these vacant godowns to the petitioners-tenants in lieu of the shop which is sought to be released. The matter was adjourned to enable the learned counsel for the petitioners to obtain necessary instructions in this regard. Ultimately, the matter was heard today. Sri A.K. Sinha, learned counsel for the petitioners, after consulting the petitioners, stated on behalf of the petitioners  that they are ready and willing to vacate the disputed shop and start their business in one of the shops which according to them is lying vacant and offered by the landlords and termed by them as 'godown'.

A sketch map, depicting the situation of the alleged vacant shops has been drawn at the foot of the written statement filed by the tenants which has been filed as Annexure-4 to the writ petition. Sri A.K. Sinha, learned counsel for the petitioners states that the petitioners are prepared to take the shop in front of gallery, the dimension of which is approximately 13'x20'. Sri A.K. Gupta, Advocate, after getting instructions from his client, also agreed to hand over the said shop/godown, as desired by the petitioners-tenants, lying in front of the gallery.

At this stage, Sri A.K. Gupta, learned counsel for the respondents submits that the alternative shop/godown offered by him is bigger in size and would fetch higher rent and, therefore, this Court should fix a reasonable rent/standard rent  at Rs. 2,000/- per month. Learned counsel for the petitioners-tenants submits that as a matter of fact, the petitioners do not require such a big accommodation and they are not in a position to pay Rs. 2,000/- per month as rent.

Be that as it may, the question of fixation of monthly rent is left open to be decided in appropriate proceedings under Section 9 of the Act by the concerned authority. The petitioners and the respondents shall approach the Prescribed Authority/District Magistrate by filing an application and evidence in support thereof for fixation of rent of the shop thus being handed over to the petitioners.

In view of the above, the petitioners are directed to vacate the disputed premises within a period of fortnight from today and shall hand over vacant possession to the landlords-respondents and shift their business to the shop marked by me by letters 'ABCD' in red ink at page 36 of the writ paper book. The respondents-landlords shall deliver the possession of the said shop to the petitioners without creating any hindrance. The petitioners shall continue to pay the rent of the alternative accommodation till the decision by the Prescribed Authority/District Magistrate under Section-9 of the Act at the rate of Rs. 180/- per month. The Prescribed Authority/District Magistrate shall take decision in this regard within a period of two months from the date of filing of the application by either of the parties, as jointly agreed by the learned counsel for the parties.

With the aforesaid observations, the writ petition is finally disposed of.

Dated: 5-4-2007



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