Rakesh Tiwari - (1.) -Heard Sri A. K. Gupta counsel for the petitioner and Sri Vipin Saxena counsel for the respondents.
(2.) THE petitioner is tenant of shop No. 5, Nehru Market, Madar Gate Aligarh on a monthly rent of Rs. 27. He claims to be tenant of the shop for the last more than 50 years. An application was filed by Smt. Lakshmi Devi Varshaney daughter of Sri Bankey Lal Varshaney and mother of respondents who were minors under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against the petitioner for release of the accommodation. A written statement was filed by the petitioner denying the allegations contained in the release application. The contention of counsel for the petitioner is that there has not been any partition between the family members of landlord-respondents and suit for partition between the heirs is already pending. He urged that unless and until any partition takes place, the respondents cannot claim any right as landlord of the disputed shop.
(3.) IT appears from records that J.S.C Suit No. 149 of 1982 was filed by Smt. Lakshmi Devi Varshaney against her brother Sri Prem Shankar who is in occupation of adjacent shop No. 6 in the same market. The Prescribed Authority allowed the release application filed by Smt. Lakshmi Devi Varshaney. After consideration of entire material available on record, the Prescribed Authority found that the petitioner was doing the business of tailoring from the shop in dispute and he could shift this business to any other place and that he could have arranged an alternate shop after filing of the release application. The plea of the defendant-tenant that the daughters of late Smt. Lakshmi Devi Varshaney are minor and the shop cannot be released after the death of the applicant-Smt. Lakshmi Devi Varshaney was rejected by the Prescribed Authority. He also found that the when petitioner could not arrange an alternate shop for the last more than 50 years, it cannot be expected from the minor children to arrange for a place to reside after the death of their parents during the pendency of the release application.;