- (1.) Heard Sri M.K. Gupta, learned Counsel for the petitioners, Sri A.N. Bhargava, Advocate for respondent No. 1 and Sri Rohit Pandey, Advocate for respondents No. 12, 13 and 14. Since pleadings are complete, as requested and agreed by learned Counsel for the parties, I proceed to decide this case finally at this stage under the Rules of this Court. This writ petition is directed against the order dated 21.10.2011 passed by Prescribed Authority/Judge Small Cause, Aligarh allowing release application of landlord-respondent No. 1 and the appellate order dated 11.4.2012 passed by Additional District Judge, Court No. 3, Aligarh dismissing petitioner's U.P.U.B. Appeal No. 11 of 2011 and confirming Prescribed Authority's judgment.
(2.) Learned Counsel for the petitioners submitted that there were several other shops available with respondent-landlord in respect whereto petitioners have specifically made averments and submissions before the Courts below but they have not considered the same while passing impugned orders. He further contended that there was a premises available to respondent-landlord at Sarai Deen Dayal therein he had a residential accommodation as well as two shops. The landlord sold out only residential portion vide his sale-deed dated 21.8.1996 and the shops were still available. However both the Courts below, in this regard, have misread the documents, and, have not considered availability of the above two shops wherein the landlord could have settled his son, Amit, for commencing business. He also relied on Amin's report in respect of aforesaid shops which is on record as Annexure-CA-4 to the counter-affidavit filed by respondent No. 1.
(3.) Sri M.K. Gupta, learned Counsel for the petitioners-tenants also drew my attention to para 27 of their written statement wherein petitioners-tenants have pleaded that landlord-Girish Chandra Sharma and his brother, Ramesh Chandra Sharma own several other shops and properties inasmuch as there are six shops and other properties in Bazar Dube Ka Padav, Aligarh out of which several shops are vacant. Besides, in Mohalla Hathras Adda and Sarai Sultani Police Chowki, Aligarh, the landlord and his brother own and possess a huge property including a house in which there are four shops and two are vacant. Another huge property owned by both of them is in front of Mohalla Manik Chowk, Aligarh Ki Puliya, situated on the one side of road Sarai Deen Dayal and another side is Agra Road. In that property there were four shops constructed, lying vacant. Presently landlord and his brother, Ramesh Chandra Sharma have got a new construction made on the above side. There, on the Agra Road-side, two big shops situated and behind that there is a house. Both these shops are lying vacant. He contended that the Courts below have not considered availability of these shops which could satisfy the requirement of respondent-landlord. Therefore, as contended by Sri Gupta, the impugned orders are patently erroneous and liable to be set aside.;