Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 4612 of 2021 Petitioner :- Ajay Kumar And Another Respondent :- Santosh Kumar Mishra And 2 Others Counsel for Petitioner :- A.P.Singh
Hon'ble Siddharth,J.
Heard learned counsel for the petitioners.
This petition has been filed challenging the judgement and order dated 30.1.2021 passed by Additional District Judge, Court No.3, Azamgarh in Misc. Civil Appeal No. 72 of 2013( Bal Krishna and others Vs. Santosh Kumar Mishra) and judgement and order dated 14.5.2013 passed by Prescribed Authority/Civil Judge(S.D) Azamgarh in P.A. Case No. 4 of 2011(Santosh Kumar Mishra Vs. Balkrishna).
This court finds that landlord set up the need that he wants to establish a general merchant shop for his wife to augment his family's income , which is in possession of the tenants-petitioners.Both the courts below have held that the need of the landlord was genuine and bonafide and tenant-petitioner did not made any efforts to search any other alternative shop. The issue of comparative hardship has been decided in favour of the landlord-respondents.
This court is not inclined to interfere with the concurrent findings of the aforesaid judgements and orders passed by the courts below. The judgements and orders of the courts below are hereby confirmed.
The petition is dismissed.
However considering the fact that tenant-petitioners are old tenants since before 1972,they are granted one year's time to vacate the premises, subject to giving undertaking before the prescribed authority within two weeks that they will deliver the peaceful and vacant possession of the shop in dispute on or before 23.9.2022.They shall also pay the rent @ Rs. 350/- per month during the aforesaid period of one year by 7 day of every month.
In case of default in compliance of any of the above conditions, the direction of one year of occupation of disputed shop in favour of the tenants-petitioners shall stand vacated and the landlords-respondents would be free to execute the order passed by the prescribed authority in accordance with law.
Order Date :- 24.9.2021 Atul kr. sri.