Abdul Hafiz v. VIIIth Addl. District Judge, Meerut
1987-03-27
RAVI S.DHAVAN
body1987
DigiLaw.ai
JUDGMENT Ravi S. Dhavan, J. - In this writ petition there are concurrent judgments upon the landlord-respondent No. 3 seeking release of an accommodation under U.P. Act No. XIII of 1972, holding that if the shop in question were not to be released in favour of the landlord it would cause him greater hardship than to the tenant. 2. The courts below have considered in detail the evidence which has been adduced by the parties and have come to the conclusion that the application under Section 21 of the Act, aforesaid was bona fide and the shop in question was indeed required by the landlord, thus it was released. 3. The learned District Judge, while affirming the decision of the Prescribed Authority that the accommodation in dispute ought to be released, granted six months' time to the petitioner-tenant to vacate the accommodation. Learned Counsel for the petitioner after having argued the matter vehemently accepted the position that the two courts have assessed and weighed the facts and circumstances and the findings are based entirely upon the facts. 4. At the close of his arguments learned Counsel made a submission that the aspect of goodwill, upon the tenant leaving his place of business has not been considered by the courts below. It has been submitted that the compensation in lieu of goodwill which may be lost, is a legal plea and this aspect may be considered by this Court. This Court feels that the submissions made by the learned Counsel is not without foundation while affirming that the judgments of the courts below are otherwise correct, this Court can exercise its discretion on the plea of goodwill as the order of eviction is not being disturbed. The mitigate the loss of goodwill which the tenant will leave behind as a tailor, this Court grants two months further time, than granted by the District Judge to the petitioner. But, this will be contingent upon the petitioner affirming and filing an affidavit before the Court of the Rent Control and Eviction Officer, Meerut, in Case No. 356 of 1981, Mohd. Yasin v. Abdul Hafiz, to the effect that on 19th August, 1987, the petitioner will deliver peaceable possession to the landlord without let or hindrance and will also pay consideration for use and occupation of this accommodation as rent being the same amount which he had hither to paid.
Yasin v. Abdul Hafiz, to the effect that on 19th August, 1987, the petitioner will deliver peaceable possession to the landlord without let or hindrance and will also pay consideration for use and occupation of this accommodation as rent being the same amount which he had hither to paid. Upon not filing this affidavit, within one month from today, the two months additional time granted by this Court will stand rejected. 5. A copy of the undertaking by an affidavit which the petitioner has to file before the Rent Control and Eviction Officer, as directed above will also be served upon the landlord along with a copy of this order. 6. With these observations the petition is dismissed.