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2013 DIGILAW 658 (UTT)

SATISH KUMAR v. VIBHU GOYAL

2013-10-21

V.K.BIST

body2013
JUDGMENT Hon’ble V.K. Bist, J. This petition has been filed for quashing of the order dated 03.08.2009 passed by Civil Judge (Sr. Div.)/ Prescribed Authority, Haridwar in P.A. Case No. 4 of 2002 ‘Vibhu Goyal and ors. vs. Satish Kumar and ors.’ as well as the order dated 19.09.2013 passed by IV Addl. District Judge, Haridwar in Rent Control Appeal No. 75 of 2009 ‘Satish Kumar vs. Bibhu Goyal’. 2. Brief facts giving rise to the petition, are that the respondents/landlords filed an application for release of the shop in question for demolition, reconstruction and for bonafide need of Ankit Goel-respondent no.2 herein, under Section 21 (1) (a) (b) of the U.P. Urban Building (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act) in the Court of Prescribed Authority/Civil Judge (Sr. Div.), Haridwar, which was registered as P.A. Suit No. 4 of 2002 ‘Vibhu Goel and ors. vs. Satish Kumar and ors.’ The petitioner-tenant contested the suit by filing written statement whereby he denied the contents made in the release application. The Prescribed Authority vide its judgment and order dated 03.08.2009 allowed the release application of the landlord. Aggrieved by the said judgment and order, the tenant/petitioner preferred Rent Control Appeal, bearing No. 75 of 2009 ‘Satish Kumar vs. Bibhu and ors.’ before the District Judge, Dehradun, which was subsequently transferred to the Court of IV Addl. District Judge, Haridwar, who vide judgment and order dated 19.09.2012, dismissed the said appeal and affirmed the judgment and order passed by the Prescribed Authority. 3. Contention of the counsel for the petitioner is that though the petitioner filed documentary evidence, relating to ownership of a shop of the landlord at Jwalapur, but the Prescribed Authority, while allowing the release application did not consider this vital issue. He submitted that considering the fact that family of Ankit Goel is having a shop in Main Bazar, Sarafa Bazar, Jwalapur, which is vacant, the need of the landlord was not genuine and bonafide. He further submitted that the shop in question is only source of livelihood of the petitioner but the Courts below have not considered this aspect of the matter. 4. He further submitted that the shop in question is only source of livelihood of the petitioner but the Courts below have not considered this aspect of the matter. 4. On the other hand, learned counsel for the respondents-landlord submitted that both the Courts below have given concurrent findings of facts that the shop in question is in dilapidated condition; Ankit Goel-respondent no.2 is unemployed and his need for setting up his business there is bonafide. He contended that the Courts below have given finding of facts in correct perception, inasmuch as, Rule 17 of the Act was property dealt with and map is also got sanctioned. Thus, it is clear that the building in question is in dilapidated condition. 5. I have considered the submissions of the counsel for the parties and have also gone through the entire material available on record. 6. As far as another argument of the counsel for the petitioner that the respondent/landlord have another shop in Jwalapur is concerned, I do not find any iota of evidence from the record led by the tenant in this regard. 7. I find that the both the Courts below did not find any evidence in respect of another vacant shop in possession of the landlord. Both the Courts below have amply discussed the bonafide need and comparative hardship of the parties. It appears that Ankit Goel is bonafidely in need of the shop in question, which is at present in dilapidated condition. There appears no misreading of evidence nor it suffers from any legal infirmity, which materially prejudices the case of one of the parties. The arguments advanced by the learned counsel for the petitioner are not convincing. The Courts below have left no question to be answered. Both the Courts below have given concurrent findings of facts. In my view the Courts below have not committed any illegality, infirmity or perversity in passing the orders impugned. No interference is warranted by this Court in the orders impugned. The petition lacks merit and is liable to be dismissed in limine. 8. Accordingly, the writ petition is dismissed. But considering the fact that the petitioner needs some time for making some alternative arrangements, one year’s time is granted to the petitioner for vacating the shop in question. No interference is warranted by this Court in the orders impugned. The petition lacks merit and is liable to be dismissed in limine. 8. Accordingly, the writ petition is dismissed. But considering the fact that the petitioner needs some time for making some alternative arrangements, one year’s time is granted to the petitioner for vacating the shop in question. The petitioner is permitted to vacate the shop in question on or before 30th October, 2014, provided he furnishes undertaking to this effect before the Prescribed Authority within one month from today. 9. Stay application also stands disposed of. 10. Let certified copy of this judgment be supplied to the counsel for the petitioner, within three days, on payment of usual charges.