Surya Prakash Kesarwani, J. - (1.) Heard Sri Ujjawal Satsangi, learned counsel for the defendants-petitioners/tenants in leading Petition No.8826 of 2017 and Sri Vishnu Gupta, learned counsel for the petitioner in Writ-A No.61773 of 2017 and Rama Goel Bansal, learned counsel for the plaintiff-respondents/landlord in both the above noted petitions.
(2.) The leading petition No.8826 of 2017 under Article 227 of the Constitution of India has been filed praying to set aside the order dated 26.04.2016 in P.A. Case No.05 of 2013 (Sultan Ahmad and others v. Mohd. Shakoor and others) passed by the Prescribed Authority/Small Causes Court, Jhansi and also to set aside the judgment and order dated 9.11.2017 in Rent Control Appeal No.10 of 2016 (Mohd. Shakoor and others v. Sultan Ahmad and others) passed by the Additional District Judge (Court No.1), Jhansi. The connected Writ-A No.61773 of 2017 has been filed praying to quash the aforesaid common order dated 26.4.2016 in P.A. Case No.05 of 2013 as well as the aforesaid common judgment and order dated 9.11.2017 in Rent Control Appeal No.11 of 2016 (Mohd. Yunis v. Sultan Ahmad and others).
(3.) Briefly stated facts of the present case are, that undisputedly shop Nos.162, 163,164 and 165 along with attached vacant land situate at Tandon Road, Chamanganj, Sipari Bazar, Jhansi City are owned by the plaintiff-respondent no.1. The defendants namely, Mohd. Shakoor, Liyakat Ali, Abdul Jabbar and Mohd. Yunis are tenants in the aforesaid shop Nos. 162,163,164 and 165 respectively. There is no dispute of landlord-tenant relationship between the plaintiff-respondent no.1 and the defendants- petitioners. The aforesaid plaintiff-respondent no.1 had filed P.A.Case No.05 of 2013 (Sultan Ahmad and others v. Mohd. Shakoor and others), under section 21(1)(a) of U.P. Act 13 of 1972, setting up his bonafide need for the disputed shops on the ground that his son plaintiff no.3 is running a Gym in a tenanted space of House No.281, Chamanganj, Sipari Bazar, Jhansi at a monthly rent of Rs.6,000/- in which he has installed several machines on the Basement and Upper Ground Floor. He is facing scarcity of space and, therefore, the plaintiffs-respondents are in bonafide need of the disputed shops for running Gym after making modifications.;