Mohammad Afaq v. Prescribed Authority/Additional Civil Judge Senior
2016-06-09
ANIL KUMAR
body2016
DigiLaw.ai
JUDGMENT Anil Kumar, J. – Heard Shri Kabir Ahmad Khan as well as Shri Anurag Srivastava, learned counsel for the petitioner, Shri Adnan Ahmad, who has filed power on behalf of opposite party nos.4 to 8 (taken on record) and perused the record. 2. Facts in brief as submitted by learned counsel for the petitioner are that the shop situated on the ground floor of Building No.336/75, Mansoor Nagar, Kazmain Road, P.S.- Saadatganj, Lucknow is under the tenancy of the petitioner @ Rs.50/- per month owned by the contesting respondents. 3. The landlords/respondents moved an application under Section 21 (1) (a) of the U.P. Act No.XIII of 1972 for release of the shop in question before the opposite party no.1/Prescribed Authority/Additional Civil Judge, Senior Division, Court No.22, Lucknow, registered as P.A. Case No.44/2012, Smt. Noor Jahan and others v. Sri Mohammad Afaq, allowed by order dated 16.03.2015, challenged by the petitioner by filing Rent Appeal No.0000004 of 2015, Sri Mohammad Afaq v. Smt. Noor Jahan and others, dismissed by order dated 07.09.2015 passed by appellate Authority/Additional District Judge, Court No.15, Lucknow. 4. Thereafter, landlords/respondents moved an application for execution registered as P.A. Execution Case No.25/2015 in which an order dated 31.05.2016 has been passed by opposite party no.3/Prescribed Authority/Judge Small Causes Court, Lucknow (Executing Court). 5. In view of the above said factual background, the present writ petition has been filed by the petitioner challenging the order dated 16.03.2015, 07.09.2015 and 31.05.2016 passed by opposite party nos.1 to 3 respectively. 6. Needless to mention herein, after arguing at some length, learned counsel for the petitioner has made an offer that in case, if the landlords/contesting respondents shall allow the tenant/petitioner to carry out his business for a reasonable time as fixed by this Court from the shop, then the tenant/petitioner shall not press the present writ petition on merit. 7. Shri Adnan Ahmad, learned counsel for the landlords/respondents, after consulting his clients, submits that if the rent of the shop in question is enhanced by the tenant/petitioner, they are ready to accept the said offer. 8.
7. Shri Adnan Ahmad, learned counsel for the landlords/respondents, after consulting his clients, submits that if the rent of the shop in question is enhanced by the tenant/petitioner, they are ready to accept the said offer. 8. Accordingly, after hearing learned counsel for the parties and going through the records, the impugned orders, under challenge in the present writ petition are hereby confirmed with the condition that the tenant/petitioner is allowed to occupy the shop in question situated on the ground floor of Building No.336/75, Mansoor Nagar, Kazmain Road, P.S.- Saadatganj, Lucknow till 31.03.2017, provided that he pays the entire previous outstanding dues and rent to the landlords/respondents upto 31.05.2016 @ Rs.50/- per month, thereafter, w.e.f. 01.06.2016, he shall pay the rent @ Rs.500/- per month on or before 7th day of each month till 31.03.2017 and in this regard he shall file an affidavit before the Executing Court by 04.07.2016. 9. Further, If the tenant/petitioner violates the above said condition, he is not entitled for above said protection as granted to him, the Executing Court shall proceed against him. 10. With the above observations, the writ petition is disposed of. Petition disposed of.