- (1.) This writ petition was filed by the tenants. It arose out proceedings for eviction initiated by landlord respondent under Section 21(1)(b) of U.P. Act No.13 of 1972 for release on the ground of dilapidated condition of the building. Property in dispute was a shop. Release application was allowed by the Prescribed Authority. Appeal was dismissed by the lower appellate court. While deciding the writ petition on 29.08.2007 after maintaining order of eviction of the courts below I issued following directions: "Accordingly, it is directed that tenants shall deliver possession to the landlord within two months from the date on which information/ notice regarding passing of the map of the complex is given to the tenants. The information shall be given in writing by the learned counsel for the landlord in this court to the learned counsel for the tenants petitioners. Along with information photocopy of the map and relevant orders regarding passing of the map must also been supplied. Within six months from getting possession landlord shall reconstruct so much of the complex that one shop in the said complex is handed over to the tenants within six months from the date on which possession is delivered by the tenants to the landlord. The dimensions /area of newly constructed shop shall be almost same as dimensions/area of the existing shop. The tentative rent of the newly constructed shop shall be Rs. 1000/- per month. However, any of the parties is at liberty to apply before the prescribed authority for payment of proper rent. If such an application is filed then prescribed authority shall decide exact cost of the construction of the new shop and 1/120 thereof shall be fixed by the prescribed authority as monthly rent of the newly constructed shop. Until fixation of rent by the prescribed authority tenant shall pay rent to the landlord @ Rs.1000/- per month (against existing rent of Rs. 150/- per month). It is further directed that in case within six months from taking possession, landlord does not complete reconstruction and handover newly constructed shop to the tenant then since after expiry of six months from taking possession till new construction and delivery of newly constructed shop to the tenants landlord shall pay damages to the tenant @ Rs.1000/- per month. However, in case construction is not completed within a year from taking possession of the shop by the tenant then damages will be paid @ Rs.2000/- per month by the landlord to the tenants since after one year till the newly constructed shop is delivered to the tenant. This direction is being issued in view of the authority of Supreme Court S.J. Abbas Vs. Mohd Yamin, 2004 AIR(SC) 3683."
(2.) Thereafter, through notice dated 05.10.2007 information of passing of map on 28.09.2007 was given to the counsel of the tenants. On expiry of two months therefrom the shop was not vacated hence application was filed by the landlord before the Prescribed Authority. Thereupon the possession was delivered to the landlord through police force on 25.01.2008. The landlord instead of getting the new complex constructed got a new map passed on 27.12.2008 and gave the information of the same to the tenant.
(3.) Thereafter, on 18.06.2010 landlord gave letter to the tenants stating that one shop (newly constructed) is being kept ready by the landlord for him of which he (the tenant) is not taking possession and that he must at once occupy the same.;