- (1.) RAKESH Tiwari, J. This is landlady's petition challenging the validity and correctness of judgment dated 12-9-2005 passed by Special Judge (S. C/s. T. Act) in Rent Control Appeal No. 115 of 2004 setting aside the judgment and decree dated 27-9-2004 passed by the Prescribed Authority/additional Judge, Small Causes Court, Allahabad in P. A. Case No. 21 of 1994.
(2.) SMT. Annapurna Gupta petitioner (landlady) filed release application, registered as P. A. Case No. 21 of 1994 under Section 21 (l) (a) of he U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') against Sri Dwarika Nath respondent on the ground of bona fide need of the disputed accommodation comprising of three doors shop for her three adult sons S/sri Sandeep Kumar, Pradeep Kumar and Sudeep Kumar. The release application was contested by the tenant-respondent denying the plaint allegations on the ground that the petitioner-landlady owns a building bearing No. 365 in new Mumfordganj, Allahabad which consists of several rooms where her adult sons can be settled in business. That apart, it was also alleged that the landlady has also other huge ancestral properties. The release application remained pending since 1994. In the meantime, due to dire need of accommodation to establish her son in business, the landlady purchased a shop admeasuring 8' x 8' on the first floor of a building at Katra near Ram Mandir vide sale-deed dated 14-8-1997 wherein one of the sons Sri Pradeep Kumar started business of sale of custom goods. As his business could not flourish he closed it and started a business of sanitary ware in the name and style of 'gupta Distributors' from the shop vacated by the heirs of Sri Bhagwati Saran Gupta, opposite party No. 2 in the release application. This shop together with the shop in the ground floor were sold out by the landlady for meeting the expenses for starting business of sanitary-ware by Sri Sandeep Kumar. She also entered into a compromise with the heirs of Sri Bhagwati Saran Gupta, opposite party No. 2 in the release application for release of her adjoining shop under their occupation, which was also subject-matter of dispute in P. A. Case No. 21 of 1994. The compromise was verified by the Prescribed Authority vide order dated 10- 6-2003 and the said shop was released in favour of the landlady.
(3.) THE respondent-tenant moved amendment application dated 2-9- 2003, appended as Annexure 3 to the writ petition, before the Prescribed Authority to bring on record the factum of acquisition of the aforesaid shop on the first floor of a building in Katra, near Ram Mandir, which was objected by the petitioner-landlady by means of replica, appended as Annexure 4 to the writ petition, categorically stating that the shop on the first floor near Ram Kandir, Katra was purchased under compelling circumstances as Sri Sandeep Kumar was sitting idle. Since the said shop was on the first floor, the business could not flourish hence possession of adjoining shop had been taken from the tenant in pursuance of compromise in which business of sanitary wares was being carried on by Sri Sandeep Kumar, her son. The landlady also brought on record that her second son Sri Pradeep Kumar was sitting idle and, therefore, she was compelled to take a shop on rent for Rs. 6,000/- per month, who had to vacate the said shop on expiry of lease for three years and had taken another shop on rent in Colonelganj admeasuring 7'x7' which has to be vacated after expiry of two years and, therefore, she was in dire need of the shop, in dispute. That apart, her third son Sri Sudeep Kumar after completion of his Engineering in Agriculture, requires a shop for sale of agricultural implements and machinery.;