- (1.) S. U. Khan, J. On the suggestion of the Court, which has made on the last date, learned Counsel for both the parties have agreed to settle the dis pute amicably.
(2.) THIS is landlord's writ petition arising out of eviction/release proceed ings initiated by him against tenant-respondent No. 1 on the ground of bona fide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Misc. Case No. 31/70 of 1984. Prescribed Authority/munsif, Fatehpur allowed the release application through judg ment and order dated 15. 4. 1988. Against the said order, tenant-respondent filed Rent Appeal No. 1 of 1988. IVth A. D. J. allowed the appeal, set aside the judg ment and order passed by the prescribed authority and rejected the release ap plication of the landlord-petitioner through judgment and order dated 22. 4. 1991, hence this writ petition. Property in dispute consists of two rooms on the ground floor and two rooms on the first floor. Rent is Rs. 175/- per month. The suggestion of the Court was that ground floor might be left in tenancy occupation of the tenant-respon dent and first floor accommodation might be released in favour of the landlord petitioner. Learned Counsel for both the parties have categorically stated that they are agreeable to the suggestion made by the Court. Accordingly, writ petition is disposed of. Release application of the landlord-petitioner is allowed in respect of first floor. The ground floor is left in tenancy occupation of tenant-respondent No. 1. Rent of the ground floor, which has been left in tenancy occupation of tenant-respondent No. 1, shall be paid @ Rs. 500/- w. e. f. September, 2008 onwards. No further amount shall be payable as water tax etc. over and above Rs. 500/- per month. The permission of first floor shall be delivered to the landlord within three months failing which since after three months till actual delivery of possession of the first floor accommodation to the landlord, tenant must be liable to pay Rs. 1, 000/-per month for the upper floor accommodation (in addition to Rs. 500/- per month, the rent for ground floor ). In case within three months, possession of upper floor accommodation is not delivered to the landlord, he may at once file application for taking possession under section 23 of the Act before the prescribed authority concerned.
(3.) THERE was some dispute between the parties regarding approach to the first floor. However, learned Counsel for the landlord-petitioner has categorically stated that approach to the first floor is quite separate from the ground floor tenanted accommodation. Accordingly, by way of abundant precaution, it is directed that for going to and coming from the first floor portion, landlord shall not pass through the ground floor accommodation, which has been left in the tenancy occupation of the tenant-respondent. Writ petition is disposed of. Petition Disposed of. .;