Ram Surat Ram, J. - (1.) Heard Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan and Sri Mohd. Shadab Khan, for the petitioner and Sri Kabir Ahmad Khan along with Sri Anurag Srivastava, for respondent -3. The counsel for respondent -3 stated that he did not propose to file Counter Affidavit as such with consent of the parties, writ petition is being decided finally.
(2.) The writ petition has been filed against the orders of Prescribed Authority dated 04.10.2011 and Additional District Judge dated 05.02.2016, passed in proceeding under Sec. 21 of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(3.) Mohd. Asif Naseer (respondent -3) (hereinafter referred to as the applicant) filed an application (registered as P.A. Case No. 10 of 2008) under Sec. 21(1)(a) of the Act, on 20.03.2008, for release of Shop No. 64, situated on Ground Floor of Building No. 31/72, Mahatma Gandhi Marg, Hazratganj, Lucknow, size of which is given as 42 Sq. feet. The applicant took plea that he had purchased the disputed shop, through sale deed dated 29.10.2004 (registered on 30.10.2004) from its previous owners Prashant Kumar Das and others, residents of Shri Bhawan, 39/59, Ram Tirath Marg, Narhi Bazar, Lucknow, for his personal use. West Watch Company (the petitioner) is tenant in disputed shop, on monthly rent of Rs. 15/ - and doing business of repair/sale of watches, on small scale. After purchasing disputed shop, the applicant requested the petitioner to vacate it. Previously, the petitioner took time for vacating the shop but later on he refused to vacate it. Hence release application was filed. The petitioner is a rich man and owner of two buildings, one at mohalla Lalbagh and other at Khurram Nagar, Lucknow. The family of the petitioner has also commercial accommodation in their possession at main market Hazratganj, Khurrm Nagar and I.T. Crossing Nirala Nagar in Lucknow city. The applicant has moved release application i.e. P.A. Case No. 8 of 2008, Mohd. Asif Naseer Vs. M/S Mangal Prasad and sons, for release of shop No. 63, situated in this building, area of which is 190 Sq. feet, which is pending. Shop Nos. 63 and 64 are adjacent to each other. The applicant is a young man and wants to start his own business of watches in these shops after its renovation. At present, he was assisting his father in business of watches and has experience of this business. These shops are suitable for his business. The applicant was residing with his father in house No. 203/28 (known as 3, Nabi Ullah road), City Station, P.S. Wazirganj, Lucknow. His family consists himself, his wife and one minor daughter. Disputed shop is a commercial accommodation and he is ready to pay two years rent as compensation to the petitioner. The petitioner is in position to take alternative commercial accommodation in city for his business. Need of the applicant is genuine, bonafide, pressing and urgent. He undertakes not to let out shop in dispute in future and will use it for his personal business.;