DILIP GUPTA, J. - (1.) THE landlord has filed this petition for setting aside the order dated 30th August, 1997 passed by the Prescribed Authority by which the application filed by the landlord under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the shop situated on the ground floor of House No.108/87, P. Road, Kanpur was rejected. The petitioner has also sought the quashing of the judgment and order dated 24th August, 1999 by which the appeal filed by the landlord under Section 22 of the Act was dismissed.
(2.) THE release application was filed by the landlord in 1990 with the allegation that he bona fide required it for opening a shop of readymade garments for himself and for his sons. The application was rejected by the Prescribed Authority and the appeal filed by the landlord was also dismissed. During the course of hearing of the writ petition, learned Senior Counsel appearing for the parties on 20th January, 2012 suggested that the hearing may be adjourned as the parties may agree to a solution. The Court, accordingly, adjourned the hearing and the order dated 20th January, 2012, is quoted below:- "After the matter had been heard for some time, learned counsel for both the parties have suggested that the parties may agree to the solution that 5 feet wide passage from the tenanted shop is retained by the tenant and the landlord gives on rent two shops, each measuring 10 X 8 feet situated behind the tenanted shop as shown in the Map annexed as Annexure-3 to the counter affidavit to the writ petition, to the tenant. Both the parties may file affidavits by 24th January, 2012 and also indicate the rent payable by the tenant to the landlord. Place this petition on 24th January, 2012. " Pursuant to the aforesaid order passed by the Court, affidavits have been filed by the parties.
(3.) IN the affidavit filed on behalf of the petitioner it is stated:- "That against the aforesaid orders of the courts below, the petitioner filed the present writ petition before this Hon'ble Court and the aforesaid writ petition was taken up for arguments before this Hon'ble Court on 20.1.2012 and after some arguments, the learned counsel for the respondent/tenant made a suggestion for part release of the shop in question and suggested for retaining 5' from the said shop along with 2 shops measuring 8'x10' each, situated behind the shop in dispute. That the petitioner has agreed to the aforesaid suggestion made by the respondent/tenant and is ready to give the tenant 5' from the shop in dispute along with 2 shops measuring 8'x10' each situated behind the shop in dispute. The petitioner is filing Map prepared in this behalf and the same is marked as Annexure SA-1 to this affidavit. That it is also relevant to state here that P. Road is running North-South of the shop in dispute is facing P.Road on the East side and as per agreement 5' in the shop in dispute is given to the tenant towards North of the shop as the 2 shops which were offered to the tenant situated just behind the 5' passage as proposed by the petitioner. That in view of the aforesaid agreement, this Hon'ble Court may graciously be pleased to direct the respondent/tenant to raise Wall as per agreement within 1 month from the date of the order passed by this Hon'ble Court, without making any further alterations in the shop in dispute and handover the vacant possession of the remaining portion of the shop in dispute to the petitioner. That it is respectfully submitted that this Hon'ble Court may further be pleased to issue a suitable direction for enhancement of rent as the petitioner is handing over the possession of two newly constructed shop to the respondent/tenant and at present the rate of rent prevalent in the area is about Rs.15,000/- per month. That it is also relevant to state that this Hon'ble Court may also be pleased to direct the respondent/tenant to have only one passage for egress and ingress and the petitioner be permitted to close the door of the two shops by raising Walls from the Courtyard side." With the said affidavit, the petitioner has also filed the proposed site plan in terms of the proposal submitted by the petitioner as Annexure-SA-1 to the affidavit. An affidavit has also been filed by the respondents-tenants in which an alternative suggestion has been made. At the time of hearing of the writ petition, Sri Manish Kumar Jain, on instructions from respondent No.4-Ashok Kumar Sethi, who has also filed the affidavit, has stated that the tenants are agreeable to the suggestion given by the landlord in the supplementary affidavit, but he has stated that the rent suggested by the landlord is on the higher side and it may be suitably reduced. He has also suggested that the two shops, which the landlord is proposing to give to the tenants should have ventilators. Sri Sharad Malviya, learned counsel for the petitioner has stated that in each of the two shops proposed to be given on rent to the tenants the shutters presently existing in the shops shall be removed and a wall shall be raised which shall have two ventilators each measuring 3'x3' in each shop. He has also stated that the wall existing between the gallery and the first shop to be given to the tenant shall be removed as also wall between the two shops to be given to the tenant. ;