Court No. - 58
Case :- WRIT - A No. - 6710 of 2019 Petitioner :- Subash Gandhi Respondent :- Rajjan Alias Brijendra Kumar Counsel for Petitioner :- Atul Dayal,J.P. Singh Counsel for Respondent :- Chandra Kant Jha
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Atul Dayal, learned counsel for the petitioner and Sri Chandra Kant Jha, learned counsel appearing for the respondent.
The present petition seeks to challenge the order dated 13.03.2019 passed by the Additional District Judge, Court No. 12, Kanpur Nagar in Rent Appeal No. 83 of 2014, whereby the order passed by the Prescribed Authority/A.C.M.M.-6 Kanpur Nagar in Rent Case No. 10 of 2010 under Section 21(1)(a) of the U.P. Act No. 13 of 1972 has been set aside and an order of eviction has been passed against the petitioner-tenant.
Contention of the learned counsel for the petitioner is that the Prescribed Authority upon due consideration of facts of the case and the evidence on record had recorded findings of fact and on the basis of the same had held the need of the landlord to be bonafide and had accordingly rejected the release application. It is further submitted that despite the release having been rejected the petitioner-tenant in order to show his bonafides offered a part of the shop in dispute to the landlord so that he could also start his business, as per his requirement, and also offered to enhance the payment of rent. This offer was made by means of an affidavit which was filed before the Appellate Authority. It is submitted that the aforementioned offer made by the tenant has not been considered by the Appellate Authority while allowing the appeal.
Matter requires consideration.
Counsel for the respondent prays for and is allowed three weeks' time to file counter affidavit. Petitioner shall have a week thereafter to file rejoinder.
List thereafter.
As an interim measure the eviction of the petitioner from the shop in dispute, shall remain stayed provided the petitioner deposits rent/damages at the rate of Rs. 1500/- per month for future months since the month of May, 2019 by 7th of each succeeding month as has been agreed to the learned counsel for the parties, and also submits an undertaking in this regard before the Prescribed Authority within two weeks from today, failing which the interim order would stand vacated automatically.
Order Date :- 30.4.2019 Imroz [Dr. Y. K. Srivastava, J.]