Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3086 (ALL)

Shanti Swaroop Makkar v. Dinesh Kumar Jain

2014-10-08

RAN VIJAI SINGH

body2014
JUDGMENT Ran Vijai Singh,J. Heard Sri Rajesh Gupta, learned counsel for the petitioner and Sri Kshitij Shailendra, learned counsel for the respondent. 2. Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 9.10.2012 passed by the Prescribed Authority/Civil Judge (Senior Division) Saharanpur in P.A. Case No. 48 of 2004 (Dinesh Kumar Jain vs. Shanti Swaroop Makkar) and the order dated 11.9.2014 passed by the Additional District Judge, Court No. 9, Saharanpur in Rent Control Appeal No. 27 of 2012 (Shanti Swaroop Makkar vs. Dinesh Kumar Jain). 3. Vide order dated 9.10.2012 the release application filed by the respondent under section 21(1)(a) of the U.P. Act No. 13 of 1972 for the purpose of establishing his son in business in the shop in question has been allowed whereas by the subsequent order dated 11.9.2014 the appeal filed by the petitioner has been dismissed. 4. Sri Rajesh Gupta, learned counsel for the petitioner at the very outset contends that the petitioner is ready to vacate the premises in dispute provided the landlord gives another premises for running the business which he is running in the shop in question. Sri Kshitij Shailendra, learned counsel for the contesting respondent submits that the respondent will have no objection to provide another shop in different locality of the same area which is of the present shop provided the petitioner vacates the premises within a month. He also submits that the tenant will be provided possession of the proposed shop before vacating the shop in question. 5. In view of the submission made by the learned counsel for the parties there is no necessity to enter into the controversy involved in this writ petition. The respondent shall hand over the possession of another shop having the same area which is in occupation of the petitioner within a month. The petitioner shall vacate the premises in dispute immediately after taking over the possession of the shop offered by the respondent. Sri Kshitij Shailendra, learned counsel for the respondent submits that the present rent of the shop is Rs. 60/- per month for the last 60 years. Considering the same the petitioner is directed to pay rent of Rs. 1,200/- per month. The rent shall be paid by the 5th day of each month. Sri Kshitij Shailendra, learned counsel for the respondent submits that the present rent of the shop is Rs. 60/- per month for the last 60 years. Considering the same the petitioner is directed to pay rent of Rs. 1,200/- per month. The rent shall be paid by the 5th day of each month. In case of default in payment of rent the respondent shall evict the petitioner by taking help of police. 6. With the aforesaid observation/direction this writ petition is disposed of.