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2010 DIGILAW 37 (ALL)

Shri Krishna Lal v. Additional District Judge

2010-01-05

RAN VIJAI SINGH

body2010
JUDGMENT Hon'ble Ran Vijai Singh,J. Heard Sri R.K. Jain, learned senior counsel assisted by Sri S.D. Kautilya, learned counsel for the petitioner and Sri S.D. Ojha as well as Sri Raj Narain Tiwari learned counsel for the respondents. 2. Sri R.K. Jain learned senior counsel has contended before the court that there is no specific averment in the application filed under section 21(1) A Act no. 13,1972 that there is need of disputed premises for starting business and only desire has been expressed in para 5 of the application. No affidavit to that effect has been filed by the daughters of Smt. Archana Badera for whom shop was required. In his submissions, daughters have already been engaged somewhere and they do not desire to join the business. It has also been contended that bonafide need is to be pleaded and proved for release of accommodation. In view of that matter requires consideration. 3. Issue notice. 4. Sri S.D. Ojha has filed caveat on behalf of respondent no.4 and Sri Raj Narain Tiwari has filed Vakalatnama on behalf of respondent no.7., therefore, notices need not be served on respondents no. 4 and 7. Issue notice to respondents n. 3, 5, 6, 8 & 9 through registered post returnable at an early date. Steps be taken within a week. 5. Learned counsel for the petitioner is directed to serve copy of the writ petition in the office of learned Chief Standing Counsel for respondent no.1. 6. In addition to normal mode of service, learned counsel for the petitioner is at liberty to serve respondents as indicated above outside the court, for which office shall issue Dasti notice to petitioner's counsel after taking steps. 7. As an interim measure without prejudice to the right and contention of the parties, it is provided that the operation of impugned Judgment and order dated 1.10.09 passed by Addl. District Judge Court no. 13 Varanasi in Rent Appeal No. 234 of 2004 (Smt. Vimla Devi and others Versus Krishna Lal) shall remain stayed provided petitioner pays Rs. 3000/-per month as rent to the land lord . The rent has to be paid by 10th date of each succeeding months. The order for enhancing the rent has been passed considering the location of the shop in the posh locality of Varanasi city. 3000/-per month as rent to the land lord . The rent has to be paid by 10th date of each succeeding months. The order for enhancing the rent has been passed considering the location of the shop in the posh locality of Varanasi city. In case of default of payment of rent, the interim order passed by this Court shall stand vacated.