Surya Prakash Kesarwani, J. - (1.)Heard Sri Nipun Singh, learned counsel for the tenant-petitioner and Sri Sumit Daga, learned counsel for the plaintiffs-respondents.
(2.)Briefly stated facts of the present case are that undisputedly, the petitioner was a tenant of a shop situate in Bagh Keshodas, Roorki Road, Muzaffarnagar. The total area of the property was 2654 Sq. Mts. On the front portion of the aforesaid property there were some shops which were let out. The respondent-landlord wanted to construct a commercial complex over the disputed property. For this purpose, he got prepared the map and also obtained requisite permission. The front portion of the aforesaid property was occupied by seven shops. The petitioner's shop is one of those seven shops. The respondent-landlord/plaintiff has filed P.A. Cases for eviction of the tenants. He filed P.A. Case No.12 of 2009 against the petitioner-tenant on 1.10.2009, under U.P. Act 13 of 1972.
(3.)In paragraph-10 of their application, the plaintiff-landlord/respondents specifically stated that the construction of ground floor over the aforesaid property has been completed and the plaintiffs are ready and undertake to provide one shop to the petitioner-tenant in place of the disputed shop within 6 to 12 months after the disputed shop is vacated and in the shop so offered, the petitioner-tenant may carry on his business of electric goods. It was further stated that in the event, the petitioner-tenant finds that the shop offered is not appropriate then he may search for a suitable shop within 3 to 6 months, which he may get at Roorki and Ansari roads, where several shops have been built. He also named several markets where the shops were available.