Prakash Krishna - (1.) THIS writ petition was heard alongwith Writ Petition No. 3395 of 1985, between the same party, but it was thought desirable to deliver a separate judgment in the present writ petition since the issues raised in the two petitions are different.
(2.) THE petitioners are the tenants of a shop, bearing four Numbers i.e., 147, 158, 159 and 160, situate at Lajpat Rai Market (New Market) Begum Bridge, Meerut. THE respondents No. 2 and 3, Desh Raj Chugg and Mohit Kumar are the owners and landlords of the said shop which was purchased by them on 31.8.1984. Satya Pal Sharma, the father and predecessor-in-interest of the petitioners was the original tenant of the said shop, who died on 6.12.1986. An application for release, under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972), was filed by Desh Raj Chugg and Mohit Kumar, respondents No. 2 and 3 herein, (hereinafter referred to as the 'landlord') against the present petitioners, on the allegations that the shop in question is bona fide required by the landlord who purchased it after taking voluntary retirement from service. The landlord, Desh Raj Chugg was in service of Tele Communication Department and was permitted to retire voluntarily. The need set up was that the disputed shop is required for the need of the landlord, namely, Desh Raj Chugg and his elder son, Ravindra Kumar to establish a business of general provisions in the disputed shop as both of them were unemployed and unengaged. In the release application it was further stated that the tenancy of original tenant, Satya Pal Sharma (since deceased) was already terminated on the ground of subletting and the matter is engaging attention of the High Court in Writ Petition No. 3395 of 1985, (the connected writ petition). In Para 10 of the release application it was stated that the tenant had sublet the disputed shop to M/s. Carona Sahu Company Ltd. and the said Company was impleaded as opposite party No. 7 in the release application and is respondent No. 4 herein. The release application was contested on number of pleas, but the relationship of landlord and tenant between the parties was admitted. It was pleaded that the need of the landlord is not bona fide and genuine as Smt. Prakash Kumari wife of Desh Raj Chugg, the landlord is running a big factory in the name and style of M/s. Steel Era Combined Industry wherein her son Ravindra Kumar, whose need was set up in the release application, is working and looking after the business of his mother. It was further stated that the landlord, Desh Raj Chugg is running P.C.Os. and has Agency businesses of insurance company and of Unit Trust of India. He is also carrying on the business in the name and style of M/s. Suman Enterprises. He has got huge rental income. The fact that the tenant has sublet the disputed accommodation to M/s. Carona Sahu Company Ltd. was disputed by them and it was stated that in a part of the tenanted accommodation, they are carrying on the business of selling shoes and footwears manufactured by M/s. Carona Sahu Company Ltd. as its Agent and in the rest of the accommodation they are carrying on their separate business.
(3.) THE parties led evidence in support of their respective cases. THE prescribed authority by its judgment and order dated 21.1.1991, rejected the release application on the finding that the landlord is a rich man and is doing business and his son is also engaged in the business of his mother. THE elder son, Ravindra Kumar has married and well established and as a matter fact, the landlord purchased the shop by way of a registered deed even at the time when he was in service and was running a factory in the name of his wife. THE explanation given by the landlord that Ravindra Kumar is looking after the business of his mother as stop gap arrangement and was subsequently engaged in service was rejected on the ground that "it appears that now Ravindra Kumar is doing service and after marriage he is well settled. In this regard no affidavit of Ravindra Kumar himself has been filed. It is also not stated by the applicants that how much approximate income the applicants could earn from the business of General Merchant and what salary at present Ravindra Kumar is drawing from his alleged stop gap arrangement service........" As regards the plea regarding rental income of the landlord is concerned, it was found that the landlord, Desh Raj Chugg is earning Rs. 18,000 per month and out of it he is paying Rs. 13,500 per month towards the advance money taken from M/s. Dunlop India and is getting only Rs. 4,500 per month. The cheque is prepared in the name of M/s. Suman Enterprises. The said property is situate at Delhi Road, as found by the prescribed authority. The prescribed authority also observed that there is a big Industry in the name and style of M/s. Steel Era Combined Industry which manufactures tankers etc. and the said Industry is in the name of the wife of the applicant No. 1, Smt. Prakash Kumari wherein her son is doing service, by way of stop gap arrangement as pleaded by the wife of the landlord. He concluded that taking into account the overall facts into consideration, the financial status of the landlord is very sound and the landlord is doing independent business in the name and style of M/s. Suman Enterprises and is earning rental income.;