- (1.) The petitioners being aggrieved by the orders dated 30.05.2014 and 08.10.2012 as contained Annexures No.9 & 8 respectively to the writ petition, have filed this writ petition challenging both the aforesaid orders.
(2.) The facts in brief are that the opposite party no.3 filed an application for release under Section 21(1)(a) against the petitioners in respect of the shop in question situated in Bartan Bazar, Lakhimpur Kheri. It was stated in the application that the opposite party no. 3 has been carrying on business of selling utensils in a shop and he has three more shops which are in possession of the defendant-tenants. One of the shop is in occupation of the petitioners on a monthly rent of Rs.200/-. It was further stated that the opposite party no.3 has two sons namely, Atul Kumar and Deepak Kumar, who were aged about 36 and 34 years respectively. Both of his sons are unemployed and jobless. Atul Kumar is a Law Graduate and he also practiced for some time but when he found that he was not in a position to continue with the profession, he left the same and decided to start his own business. It was also stated by the opposite party no.3 that both of his sons are married and both of them require separate shops to start their own business. Atul Kumar has an experience of three years in the business of selling of ready-made cloths and wants to start his own business of ready-made cloths. The petitioners are residents of Oyal and they are also carrying of business over there, hence, they will not feel much hardship in case they are asked to vacate the shop in dispute.
(3.) The petitioners filed their written statement opposing release of shop inter-alia on the ground that the father of the opposite party no.3, namely, Rameshwar Dayal had moved an application for release on same grounds but during the pendency of the application, he died and the opposite party no.3 was substituted in his place. The said earlier release application was dismissed by the learned Prescribed Authority against which an appeal was preferred before the learned District Judge which too was dismissed. The opposite party no.3 had then filed a Writ Petition No.135 of 1995 before this Hon'ble Court. It was further stated in the written statement that Atul Kumar and Deepak Kumar both the sons of the opposite party no.3 are carrying on business in the shop of their father. Another shop in which the father of the opposite party no.3 - Rameshwar Dayal was carrying on business, fell vacant on his death and in the year 1989, the said shop was let out to one Jiyaudeen Beg without any allotment order. Thus, the said shop would be deemed vacant and in case the opposite party no.3 has any need of additional shop, the same could be released on the ground of vacancy. The petitioners further stated that after filing of the release application, they tried to find out some alternative arrangement, but no suitable shop was available for them to shift their business. They have been carrying on the said business since 1981 and their shop has earned a goodwill and in case the petitioners are vacated and the shop in question is released, they will suffer irreparable loss.;