PARMESHWAR DAYAL, J. - (1.) THIS is a tenant's writ petition under Article 226 of the Constitution of India for quashing the orders dated 11.9.1981 and 21.10.1982, passed by the Prescribed Authority (Rent Control), Sitapur and the IIIrd Additional District Judge, Sitapur, respectively, contained in Annexures 9 and 11 to the writ-petition.
(2.) THE dispute relates to the southern portion of shop No. 546, situated in Thomsanganj Market, Sitapur. The entire shop measures 17.9 ft. by 26 ft. The frontage is of 17.9 ft. north-south and the depth is 26 ft. east-west. The northern portion of the disputed shop has been in possession of the landlords namely, Sardar Kesar Singh, Sardar Bahadur Singh and Sardar Pritam Singh, opposite parties No. 3 to 5. They purchased the entire shop on 17.6.1976. Southern portion of this shop measures about 8 ft. in front and 26 ft. in the depth and it has been under the tenancy of the petitioner Om Parkash at a rental of Rs. 145/- per month. The landlords sent a notice dated 10.8.1976 to the tenant for vacating disputed shop within a period of six months to which he sent a reply dated 2.9.1976. On 9.7.1979 the landlords moved an application under Section 21(1)(a) of Act No. 13 of 1972 for release of the disputed shop in their favour on the grounds that the accommodation with them was insufficient for their business as the opposite party No. 5 Sardar Pritam Singh also wanted to start his business and that Jiyaji Cotton Mills has been insisting for establishing their own show room and in case they did not establish the same, they would suffer substantial loss in their business. This application is contained in Annexure-1 to the writ petition. The landlords further pointed out in their application that the shops constructed by the Zila Parisad and Nagar Mahapalika at a distance of about 100 yards from the disputed shop were available for rent.
(3.) THE tenant Om Parkash has been occupying the disputed shop since the year 1965. He claimed in his written statement dated 7.9.1979, contained in Annexure-2, that he acquired goodwill in his business in the disputed shop and since all the members in the family are engaged and are surviving on this cloth business which he is carrying on in the disputed shop, he would suffer great hardship if he is made to vacate the disputed shop. About the shops of Nagar Mahapalika @ Zila Parishad, he pleaded that he would have to pay an amount of Rs. 28,000/- to 30,000/- as premium for getting that shop allotted.;