Krishna Kumar Rastogi vs Sumitra Devi

3. Brief facts of the case are that the present appellant (landlord) filed an application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as U.P. Act No.13 of 1972) against the respondent Sumitra Devi (tenant) for release of the shop in question situated in Shivaji Market (Chhota Bazar), Shyohara, District Bijnor, before the Prescribed Authority/Addl. Civil Judge(Senior Division), Nagina. It is pleaded on behalf of the appellant that the respondent was tenant of the appellant in the shop on rent @ Rs.125/- per month. The appellant further pleaded that he needed the shop in question to establish his son Amit Kumar in the business by opening a General Merchant Shop in it. It is also alleged by the appellant that vide notice dated 11th March, 1985, the appellant asked the respondent to vacate the premises occupied by her as the same was required by the landlord/appellant as above, and since the respondent did not vacate the shop, the application for release of the shop was moved by the appellant before the Prescribed Authority/Addl. Civil Judge (S.D.), Nagina.

4. The respondent/tenant contested the application for release of the accommodation and denied the allegations contained in it. It is pleaded by her that she has three sons and four daughters apart from her husband in the family, and her hardship is more than that of the appellant. It is further stated by her that the need of the appellant is not genuine. It is further stated by her that the respondent through her son sells shoes in the shop, and does not use the shop as store, as alleged by the appellant. It is also alleged that the appellant actually wants enhancement of rent, and the answering respondent is ready to pay Rs.300/- per month instead of Rs.125/- per month as rent. It is also pointed out by the respondent in her pleading that earlier suit No. 198 of 1980 (Krishna Kumar vs. Sumitra Devi) was instituted by the appellant for vacation of the shop, and when he failed in it, the present proceeding has been drawn.

7. The affidavits were exchanged and after recording evidence and hearing the parties, the Prescribed Authority accepted the case of the appellant/landlord and allowed the application for release of shop in his favour vide order dated 21st September, 1999 against which the tenant (present respondent) Sumitra Devi filed Rent Control Appeal No. 9 of 1999 before Additional District Judge, Bijnor, and said Authority after hearing the parties vide its order dated 23rd April, 2000 allowed the appeal and set aside the order passed by the Prescribed Authority/Addl. Civil Judge(S.D), Nagina. Aggrieved by the said order dated 23rd April, 2000, the appellant filed Civil Misc. Writ Petition No. 34997 of 2000 before the High Court of judicature at Allahabad, and said petition, after hearing the parties, was dismissed. Hence these appeals are before us.

We further find that the Appellate Court has allowed the appeal of the tenant against the weight of the evidence on record. We concur the view taken by the trial court /Prescribed Authority. Accordingly, we allow these appeals and set aside the orders challenged before us. However, considering the facts and circumstances of the case, we allow the respondent / tenant to vacate the premises by 31st December, 2014 whereafter the landlord/appellant shall be at liberty to get executed the order dated 21st September, 1999 passed by the Prescribed Authority/Addl. Civil Judge (S.D), Nagina. However, there is no order as to costs.

………..………………,,,,,………….……J. (SUDHANSU JYOTI MUKHOPADHAYA) …………………………………………..J (PRAFULLA C. PANT) New Delhi August 20, 2014