- (1.) THIS writ petition, under Article 226 of the Constitution of India, has been filed by the petitioners, inter-alia, seeking quashing of the order dated 7-11-1986 (Annexure 10 to the writ petition) passed by the learned Additional District Judge, Jhansi (Respondent No. 1 ).
(2.) THE dispute relates to a shop being shop No. 19, situate at Nijhai Bazar, Jhansi. THE said shop has hereinafter been referred to as "the disputed shop". It appears that the Respondent No. 2 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 for the release of the disputed shop, inter-alia, against Sri Khubi Ram, who was the predecessor-in-interest of the petitioners and the Respondent No. 3. It was inter-alia, stated in the release application that the disputed shop was the ancestral property of the respondent No. 2, and that in Suit No. 85 of 1976, Sri Kishore v. Kaushal Kishore and others, filed in the Court of Civil Judge, Jhansi, a partition decree was passed in the year 1977, whereby the disputed shop and house No. 264 were allotted to the Respondent No. 2. It was, inter-alia, further stated by the Respondent No. 2 that the disputed shop which was just opposite to the General Merchant market, was let out to the said Khubi Ram; and that the Respondent No. 2 had passed his B. Com. Ist Year and because of limit (lim ?) of his right leg, he could not be of any use in life except to run a shop for himself, and that before the said partition decree was passed, the Respondent No. 2 had started General Merchant business in the shop situate in House No. 189, Mohalla Basudeo on a monthly rent of Rs. 100 per month. It was, inter-alia, further stated by the Respondent No. 2 that the business of the said Khubi Ram had fallen down and he had divided the disputed shop into two parts 6" x 40" and 6" x 40" and Eastern part had been given to his (Khubi Ram) son Har Narain who carried on ready-made clothes shop in it, and in the Western part of the disputed shop, he (the said Khubi Ram) had his business in dealing of grains which was gradually coming down; and that for the last several years the Respondent No. 2 was suffering from both mental and economic depressions. The said release application was registered as Release Case No. 45 of 1981. A written statement on behalf of the said Khubi Ram and the said Har Narain (opposite parties in the release case) was filed, wherein it was, inter-alia, alleged that the said Khubi Ram was the tenant of Sri Janki Sharan, son of Sri Prem Narain Pathak; and that the Respondent No. 2. Om Prakash had no right to move the release application as there was no relationship of tenant and landlord between the parties; and that the Respondent No. 2 was a rich man and the family of the Respondent No. 2 had unlimited agricultural land in village Dhamna, Pargana Bhandar, District Gwalior, Madhya Pradesh; and that the Respondent No. 2 had also nine house at Jhansi; and that the Respondent No. 2 had no experience of the business of General Merchandise but he was an agriculturist and was getting education, and as such, he did not want to run any business in the disputed shop; and that the said Khubi Ram was the tenant in the disputed shop for more than 42 years, and, if he was evicted from the disputed shop, he would suffer irreparable loss and his business would be ruined. A copy of the said written statement has been filed as Annexure 2 to the writ petition.
(3.) THE learned Prescribed Authority by his judgment and order dated 13-8-1982 rejected the said release application filed by the Respondent No. 2. A copy of said judgment and order dated 13- 8-1982 passed by the learned Prescribed Authority has been filed as Annexure 1 to the supplementary counter affidavit sworn on 20- 10-1996 filed on behalf of the Respondent No. 2 in the writ petition. Against the said judgment and order dated 13-8-1982 the Respondent No. 2 filed an appeal before the learned District Judge, Jhansi which was registered as Rent Control Appeal No. 45 of 1982.;