- (1.) RAKESH Tiwari, J. Heard Counsels for the parties and perused the record.
(2.) THIS is tenants' petition. Premises No. B-31/32 situated at Mohalla Lanka in District Varanasi (renumbered as B-31/32-1) was admittedly given on rent to petitioner No. 1 vide rent deed dated 1-12- 1975 by its care taker Sri Shreenath Khandelwal on a monthly rent of Rs. 40 as per averments made in paragraph 3 of the writ petition. The petitioner No. 1 was recorded as tenant in the record of the Nagar Nigam on the basis of the aforesaid agreement of tenancy executed by Sri Shreenath Khandelwal. After lapse of earlier agreement deed dated 1-12-1975, an agreement was again entered into on 25- 3-1979 (signed on 28-3- 1979) between the aforesaid parties extending the tenancy. The respondent Nos. 2 and 3 claiming themselves to be landlords/owners of the aforesaid premises in pursuance of a will dated 25-6-1993 executed by late Sri Dwarika Nath Khandelwal who was the sole owner preferred a release application under Section 16 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act' ). It was alleged in the release application that a portion of the said building was owned by late Sri Vishwa Nath Khandelwas, father of respondent Nos. 2 and 3 and after his death on 14-3-1983, they alongwith their mother Smt. Nirmala Khandelwal became owners of the whole property.
(3.) IT was further alleged by the respondents in the release application that before the release application, they were residing at Sekunderabad (Andhra Pradesh) but due to unavoidable circumstances, respondent No. 2 shifted to Varanasi and the respondent No. 3 would also be following suit after winding up the affairs at Sekunderabad. They averred that since they had no place to carry on business in Varanasi for the livelihood of the family consisting of 8 members, the aforesaid application for release was being filed. It was also averred in the release application that during the life time of late Sri Dwarika Nath Khandelwal, the property was being managed by Sri Sri Nath Khandelwal, care taker on behalf of Sri Dwarika Nath Khandelwal which had been given on rent to the petitioners by him allegedly with the consent of late Sri Dwarika Nath Khandelwal on a monthly rent of Rs. 100 w. e. f. 1-4-1979 vide a written agreement dated 28-3-1979 and that the said shop was given on rent without following the procedure prescribed under the Act and without any allotment by the authority, hence there is deemed vacancy as it was not given on rent in violation of the provisions of Act No. XIII of 1972.;