KANTI PRAKASH BINDAL Vs. A D J COURT NO 11 MEERUT
LAWS(ALL)-2008-12-221
HIGH COURT OF ALLAHABAD
Decided on December 05,2008

KANTI PRAKASH BINDAL Appellant
VERSUS
A D J COURT NO 11 MEERUT Respondents

JUDGEMENT

SHISHIR Kumar, J. - (1.) This writ petition has been filed by petitioner-tenant for setting aside of orders passed by courts below dated 24. 10. 2008 and 5. 12. 2005. Petitioner submits that accommodation in question is commercial and if petitioner vacates the shop on the basis of decree passed by courts below, he will suffer irreparable loss. Further submission has been made that courts below have committed an error apparent on the face of record regarding comparative hardship and bonafide need, as such, orders are liable to be quashed. On the other hand, Sri A. K. Gupta, learned counsel for respondents submits that both the courts below have held that in case accommodation in dispute is not released in favour of respondent-landlord, she will suffer more loss than tenant. Further finding has been recorded that adjacent to shop of petitioner, there is a goods shop of son of petitioner, therefore, petitioner can shift his business at that place. After hearing learned counsel for parties as it has been informed that one of the shop in same complex is vacant and respondent-landlord is ready to offer said shop to petitioner, in such circumstances, parties were directed to take their respective consent and now respondent-landlord is ready to offer vacant shop to petitioner in same complex as 11. 2 inches/7. 2 inches marked as B6, B8, B9 and B11 of the map of Amin. Petitioner is ready to take said shop in lieu of shop for which order of ejectment has been passed. In such circumstances, without entering into merit of the case, present writ petition is being disposed of finally to this effect that petitioner will handover peaceful possession of the shop in question for which he has been directed to be ejected by the courts below and respondent-landlord is directed to handover vacant possession of shop mentioned above to petitioner within a period of one month and it is expected to the court that there will be no hurdle in compliance of order of this Court and peaceful exchange of shops may be done between the parties. It is made clear that if there is any difficulty or any problem in future by any of the parties, it is open to make application before this Court. It is also made clear that taking into facts and circumstances of present case and market rate, as this Court has power to enhance rent, therefore, rent from 1st January, 2009 of the shop in possession of petitioner will be Rs. 1,000/. With these observations the writ petition is disposed of. No order as to costs. .;


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