MANOJ KUMAR Vs. MUNNI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave has been preferred against the judgment and order dated 26-7-2002 of Allahabad High Court by which the writ petition preferred by the appellants was dismissed.

(3.) Jawahar Lal, the father of the appellants was a tenant of a shop bearing No. 29/17, Namak Ki Mandi, Agra and it was purchased by the respondent Smt. Munni Devi on 23-1-1976. After the death of Jawahar Lal, the appellants being his sons inherited the tenancy and started paying rent to the respondent. The respondent filed an application in the year 1987 seeking release of the shop on two grounds, namely, that the building was in a dilapidated condition and is required for the purpose of demolition and new construction wherein her husband will carry on the business after new construction had been made. The second ground pleaded was that one of her sons was unemployed and was sitting idle and he would also establish his business in the shop. The appellants contested the release application on various grounds. The Prescribed Authority dismissed the release application by the judgment and order dated 15-4-1989. The respondent then preferred an appeal which was allowed by the VIIth Addl. and District Judge, Agra, by the judgment and order dated 13-9-1996 and the shop was released in favour of the respondent and she was directed to pay rent of one year as compensation to the appellants. The appellants challenged the aforesaid judgment by filing a writ petition in the Allahabad High Court which was dismissed on 26-7-2002.