- (1.) THIS writ petition is directed against the order of the Prescribed Authority dated 27-8-1997, allowing the release application filed by the landlord-respondents under S. 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (in short the Act) and the order of the appellate authority, respondent No. 1, dismissing the appeal on 13-10-1998.
(2.) BRIEFLY stated the facts are that the landlord-respondents 3 to 7 filed an application under S. 21 (1) (a) of the Act for release of the shop situated in a portion of premises No. 27/101, Jawahar Square, Meerganj, Allahabad against the petitioners who are its tenants on the averments that in a portion of the same building No. 27/101 Jawahar Square, Meerganj, Allahabad a partnership business of sale of sarees, suitings and shirtings etc. is being carried on in the name and style of "m/s. Sari Nagar" by Sri Ravindra Kumar Agarwal and Praveen Kumar Agarwal. In the Doochatti of the same shop the business of sale of cut-pieces, matching blouse pieces and similar other materials is being carried on by Smt. Indra Agarwal wife of Ravindra Kumar Agarwal and Meenakshi Agarwal wife of Praveen Kumar Agarwal under the name and style of "m/s. Sari Nagar and Co. " as stop-gap arrangement and temporarily established there. There is one passage for the shop and from inside the shop a wooden staircase has been fastened for approach on the Doochatti portion by customers. This arrangement is inconvenient and on account of trouble and risk of fall, the customers do not prefer to climb on it and the business of M/s. Sari Nagar and Co. has been suffering considerably. On account of disturbance of the Doochatti portion, the partners of M/s. Sari Nagar namely Sri Ravindra Kumar Agarwal and Praveen Kumar Agarwal decided to abandon their partnership and run their independent business in whole of the shop. Similarly the partners of M/s. Sari Nagar and Co. have also decided to run their business independently and conveniently in a suitable premises. An agreement has been arrived at amongst the partners wherein the partnership business which is being carried on in a portion of Doodhatti shall go exclusively to Sri Ravindra Kumar Agarwal and Smt. Indra Agarwal and Praveen Kumar Agarwal will carry on the business in the shop in question which is under the tenancy of the petitioners. It was claimed that the shop is required by Praveen Kumar for carrying on independent business. It was further asserted that the tenant-petitioners will not suffer any hardship as they have other shops where they are carrying on business. They have one shop in Suresh Chandra Jain Market, Khoya Mandi and carrying on the business in the name of S. N. Girish Kumar and other shop is situate in Jawahar Square near Naz Cinema where the cloth business is being carried on in the name of "madhuri Sari Sansar", besides son of Bihar Lal Agarwal namely Madhup Agarwal is running taxi business. The petitioners filed written statement and denied that Praveen Kumar Agarwal requires the shop in dispute for carrying on any business. He is carrying on business in the partnership with his brother Ravindra Kumar Agarwal. The allegation of the landlord-respondents that they have strained relationship on account of which they cannot carry on business in partnership is false. The petitioners filed a supplementary affidavit during the pendency of the proceedings before the Prescribed Authority alleging that Ravindra Kumar Agarwal had opened a show room of his own at 734, Old Katra, Allahabad on 2-5-1995 under the name and style of "m/s. Saree Palace" and after opening of such show room by him, Praveen Kumar Agarwal will not require the shop in question for carrying on independent business as he is already carrying on business in partnership with his brother Ravindra Kumar Agarwal in a portion of the building in question. The Prescribed Authority on consideration of the material evidence on the record came to the conclusion that Praveen Kumar Agarwal requires the shop in question for carrying on independent business and on comparative hardship it found that landlord- respondents will suffer greater hardship and on these findings allowed the release application on 27-2- 1997. The petitioners preferred an appeal which has been dismissed by respondent No. 1 on 13-10- 1998.
(3.) I have heard Sri K. M. Dayal, learned Senior counsel for the petitioners and Sri Manoj Mishra, learned counsel for the landlord-respondents. Learned counsel for the petitioner laid great emphasis on the fact that Ravindra Kumar Agarwal and Praveen Kumar Agarwal are already carrying on business in partnership in a portion of the building 27/101 Jawahar Square, Meerganj, Allahabad and the petitioners are carrying on the business in another portion of the same building. Ravindra Kumar Agarwal has opened a show room at 734 Old Katra, Allahabad on 2-5-1995 and he having got another shop/show room, the theory of the strained relationship in the partnership business, as alleged by them, should not have been accepted and their version that Praveen Kumar Agarwal will carry on independent business, in the facts and circumstances, is not to be believed.;