S.R. Bhargava, J. - (1.) This is defendants' appeal against order dated 30th April, 1982, passed by Vth Additional Civil Judge, Agra, in original suit no. 379 of 1983, granting ad-interim injunction to the plaintiff respondents.
(2.) Dispute between the parties relates to building no. 18/96 Gokulganj, Hathi Ghat Jamura Kinara District No. 3, Agra. Undisputedly defendant appellants are owner landlords of the said building, plaintiff respondent no. 1 to 7 and four others have been tenants in the building. Defendant appellants have been anxious to construct a three star Hotel. Hence they moved release applications against tenants under section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction, Act, 1972 thereinafter called the Act) on the ground that they require the building for demolition and construction of a hotel. After crossing various stages the matter of release in respect of the tenants, plaintiff respondent nos. 1 to 47, reached Supreme Court in special leave petition. It is not disputed that release applications of other tenants are still pending. On 28.11.83 Supreme Court passed following composite and conditional order under section 21(1) a) and 21(6) of the Act : "(1) That before taking possession of the land in question the appellants must obtain the sanction of authorities concerned of building plan. (2) That after obtaining the sanction the appellants shall intimate the respondents regarding sanction of the plan. (3) That from receipt of this information the respondent will get one year to vacate the premises. (4) That after giving possession within one year as mentioned above if the appellants do not commence the construction within three months from the date of possession, then the respondents will be entitled to get back possession of the land in question and further the construction must be completed within two years from the date of commencement of the construction. (5) That in case the appellants do not choose to make any construction, then they shall not sell the land to anybody and put in possession to the respondents. (6) That after being put in possession the respondents shall be entitled to make construction with the leave of the court. The appeals are accordingly disposed of without any order to cost."
(3.) On 20.2.1987 defendant respondent no. 8 Agra Development Authority granted sanction to the appellants for construction of a hotel. It is alleged that after obtaining the said sanction, defendant appellants served intimation of sanction upon the plaintiff respondents nos. 1 to 7 between 16th March and 2nd April, 1987.;