M.C.AGARWAL,J. - (1.) THIS is a petition under Article 226 of the Constitution of India challenging an order dated 26.4.1979 passed by the Prescribed Authority, Meerut-respondent No. 2 ordering the eviction of the petitioner from the property in dispute under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and an order dated 3.8.1985 passed by the IInd Addl. District Judge, Meerut whereby the petitioner's appeal against the aforesaid order has been dismissed.
(2.) I have heard Sri K.M. Dayal, Senior Advocate, assisted by Sri Santosh Kumar, Advocate, learned Counsel for the petitioner and Sri R.N. Bhalla, Advocate, learned Counsel for the landlord respondent No. 3. There is property bearing Municipal No. 57 situate on Garh Mukteshwar Road in the town of Meerut, the details of which were given at the foot of the petition under Section 21(1)(a) of the Act, of which the respondent No. 3 admittedly is the landlord and the petitioner is occupying the same as a tenant since Ist of September, 1956 on a monthly rent of Rs. 300. In April, 1975 the landlord respondent, a partnership firm, moved an application under Section 21(1)(a) of the Act for the eviction of the petitioner. Its case was that the premises in question were let out for a period of two years only after making alterations as were desired by the tenant. The tenant i.e., Chhetriya Sri Gandhi Ashram, Meerut had opened its branch in the premises in question in the name of 'Kumhar Udyog Vidyalaya' which was almost defunct. The landlord firm is carrying on its business in a rented accommodation at Chhipi Tank where it has several types of business and Industry. That accommodation is too small and the landlord applicant has not been able to expand its business during the last several years. The landlord firm has an agency of ACC brand cement from the year 1930 and receives 5000 to 6000 bags of cement every month. It also deals in cement sheets of various types and sizes and also cement pipes and fittings. It has also a flour mill at that place. In addition, it also deals in tiles and marbles. It was alleged that the said space at Chhipi tank is insufficient for the requirement of the landlord for the said business. In addition, the owner of the said firm has instituted a suit for the eviction of the landlord firm from the place, as a result of which it requires the disputed accommodation. It was also alleged that the landlord applicant wants to establish a factory for the manufacture of cement sheets, marbles, tiles, band, T socket, water tanks, ACC tank, sanitary tank, sanitary pipes and cement jalis and for this, it will require the whole of the land in the tenancy of the opposite party (now petitioner). It was further alleged that the landlord would keep the Sales Centre in the premises at Chhipi tank and use the disputed premises for storing and manufacturing of goods.
(3.) IT was alleged that the tenant had acquired land for the purposes of Kumhar Udhyog Vidyalaya from the Government which has a builidng as well and the said property is in the use of the tenant, and is very close to the other large building in occupation of the tenant i.e. Gandhi Ashram, Meerut. It was also alleged that the tenant has an area of about 1 sq. mile in its possession which has about a thousand rooms and other buildings. According to the landlord the Gandhi Ashram has so much of surplus accommodation that it has let out 20 big rooms to various shop-keepers and if there was any necessity for the Kumhar Udgyog Vidyalaya, the same could have been shifted thereto. It was also alleged that from the large building, rangai and sarjam were done by the Gandhi Ashram. Thus, the landlord alleged that the tenant has sufficient accommodation where it can transfer its establishment but for ulterior motives, it is sticking to the accommodation in question.;