RAM PAL SINGH Vs. MOTI LAL

JUDGEMENT

(1.) THIS is a tenant petition challenging the order dated 18.01.1993 and 22.01.1993 passed by the Rent Control and Eviction Officer, Dehradun under Section 12 of the UP. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to U.P. Act No. 13 of 1972) whereby the shop in question has been declared vacant and thereafter released vide order dated 22.01.1993 in favour of landlord/respondent. He also challenges the order dated 17.02.2009 passed by the Additional District Judge/F.T.C -2, Dehradun under Section 18 of the U.P. Act No. 13 of 1972 by which the court concerned dismissed the revision of the petitioner/tenant. The facts of this case are that there is a meat shop No. 704 -B. Dakara Cantt. District Dehradun, which was given on rent to the petitioner by the erstwhile owner of the premises. The said property was purchased by one Motilal (present respondent/landlord) in the year 1987. who was then working as Sepoy, having the trade of Washerman, in Indo -Tibetan Border Police. The shop which was given to the tenant, according to him, was not being used and was kept under lock by the petitioner/tenant since a long time. He was about to retire from his service and, therefore, he moved an application under Section 12 of U.P. Act No. 13 of 1972 for declaring vacancy of the shop in question and release the same in his favour before the Rent Control and Eviction Officer, Dehradun. as he wanted to open a dry cleaning shop in the said premises. He further submitted that he was in bona fide need of the said shop in question.

(2.) THE concerned authority made an inspection of the building under Rule 8 of U.P. Act No. 13 of 1972. The inspection report is on record. It has come in the inspection report dated 12.01.1993 of the Rent Control and Eviction Officer that apart from the landlord and the tenant, there were many other persons in the locality, in whose presence the inspection was made by him. The names of the persons who were present at the time of inspection are as under : - -

(3.) AFTER completing the inquiry he came to the conclusion that the Shop No. 704 -B, Dakara, Dehradun, which was given on rent to the petitioner, is locked by him since a long time. Apart from this he himself has constructed two shops adjacent to that shop, in which, according to him his brother is running a general store and in another he runs the butcher shop. It has also come on record that there was some dispute between the petitioner -tenant and the respondent -landlord of the shop in question and the tenant agreed to vacate the shop, if he has given '4,000/ -. However, the petitioner denies that he has made any such demand.