POONAM SRIVASTAV, J. - (1.) HEARD Sri Manish Trivedi and Sri A.K. Bajpai, learned counsels for the petitioners, Ms. Shikha Singh Advocate for the respondent no. 1, Sri Nikhil Kumar Advocate for the respondent no.2 and Sri M. K. Gupta Advocate for the respondent no. 3.
(2.) COUNTER and rejoinder affidavits have been exchanged and as agreed between the counsels for the parties, writ petition is heard finally. Notices were accepted by Sri M.K. Gupta Advocate on behalf of respondent no. 3 Yogesh Kishan Dhall, son of Late Kishan Chand Dhall, Sri Nikhil Kumar Advocate on behalf of respondent no. 2 Sohan Agrawal and Ms. Shikha Singh Advocate on behalf of respondent no. 1 Bharat Press. Counter affidavit has been filed on behalf respondent nos. 1 and 2. Sri M.K. Gupta Advocate filed an application on 3.9.2009 bringing on record a compromise application on behalf of the petitioners and respondent no. 3. Joint affidavits have been filed by Anoop Chandra Agrawal and Sri Neeraj Dhall where the parties have entered into an agreement on account of the reason that father of the respondent no. 3 who is a very old man and was admitted in Apolo Hospital, New Delhi and therefore he requested for some sympathetic consideration. Finally they entered into an agreement after institution of the writ petition that the respondent no. 3 will continue as tenant of the disputed shop on the ground floor for a period of 5 years at the government rental value of Rs. 3,000/- per month from the date of order of the court and parties have agreed that for a period of 5 years, the petitioners will not seek eviction of the respondent no. 3 alone and the respondent no. 3 has further agreed to vacate the disputed shop in recognition of the fact that the petitioner no. 1 Dr. Ram Chandra Agrawal will require the shop for his proposed registered clinic for his private practice only. Accordingly the writ petition was decided in terms of compromise viz.-aviz between the petitioners and respondent no. 3 on 11.9.2009.
(3.) THE dispute relates to a shop situated on the ground floor of accommodation No. 106/93, K.P. Kakkar Road, Allahabad. The respondents are three different tenants occupying entire ground floor. The respondent no. 1 is a tenant at the rate of Rs. 100/- per month and respondent nos. 2 and 3 are paying Rs. 200/- per month as rent. The petitioner no. 1 retired as eye surgeon from Sitapur Eye Hospital Trust and was living with his family in his ancestral house. The petitioner no. 2 is his only son who has now shifted from Sultanpur to Allahabad with his entire family in the year 1995 and is living in the residential accommodation situated above the shop. Petitioner no. 1 and his wife have also shifted to Allahabad and are living on the second floor with his son petitioner no. 2.;