Manoj Kumar Gupta, J. - (1.) Heard Sri B.K. Srivastava, learned senior counsel assisted by Sri R.K.S. Chauhan for the petitioners and Sri Swapnil Kumar for respondents no.1 to 3.
(2.) The instant writ petition under Article 226 of the Constitution calls into question the order dated 6.2.2018 passed by Additional District Judge, Court No.18, Agra in Rent Control Misc. Appeal No.11 of 2011, whereby the appeal filed by respondents no.1 to 3 (for short 'the landlords') under Section 22 of the U.P. Act No.XIII of 1972 (for short 'the Act) was allowed and the petitioners (for short' the tenants') were directed to be evicted.
(3.) The brief facts giving rise to the instant writ petition are that a release application under Section 21 (1) (a) of the Act was filed by the landlords against the tenants, registered as P.A. Case No.58 of 2007. The landlords purchased the property bearing municipal no.14/3, forming part of Survey no.233/77 Taj Road, Sadar Bazar, Agra from its erstwhile owner Taranjit Singh Chopra by a sale deed dated 19.12.2003. The said shop was in the tenancy of the petitioners at a monthly rent of Rs.20/- besides Rs.5/- per month towards water tax. The landlords were owner of an adjoining shop bearing no.14/2 in the same building and from which Hemant Kumar S/o Dinesh Kumar, one of the landlords was doing business of sale and supply of fast food, confectionery and bakery items in the name and style of 'M/s Kumar & Company' as its sole proprietor. The business started flourishing and the landlords, facing shortage of space in shop no.14/2, purchased the adjoining shop in the tenancy of the petitioner for meeting their need for additional accommodation. The specific case in the release application was that the shop in possession of Hemant Kumar was having a small frontage of 8 feet only. It was pleaded that after placing counter on the front side, hardly 2 feet space was left as passage. The customers face difficulty in having access to the inner portion of the shop. The landlords were having imminent need of additional space, which could be met by merging both the shops into one. It was further alleged that Basant Kumar (one of the other landlords) who was having no business of his own, would extend a helping hand to Hemant Kumar. In paragraph 15 of the release application, it was pleaded that Mahesh Kumar, applicant no.3 (landlord) was doing business as a general merchant in the name and style of 'Kumar Daily Need Store' in a shop owned by him bearing municipal no.13A, Sadar Bazar, Agra. It was a small shop measuring 8' x 16'. There was hardly any space in the said shop to accommodate any other member of the family. The applicant no.3 has his own family comprising of wife, two grown up daughters and one son. The tenants were served with statutory notice under the Proviso to Section 21 (1) of the Act dated 8.5.2007 to enable the tenants to make alternative arrangement but despite service of notice, they did not make any alternative arrangement, nor vacated the shop, consequently, the landlords filed the release application.;