RAJENDRA KUMAR KHANDELWAL Vs. ALOK KUMAR AGRAWAL

JUDGEMENT

(1.) Heard Counsel for the petitioner and perused the record. Landlord respondent- Alok Kumar Agrawal filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the shop in question in tenancy of the petitioner which was registered as P.A. case No. 50 of 2007.

(2.) The petitioner has filed his written statement inter alia that a rent agreement was executed on 15.7.1972 by the father of landlord-respondent in favour of father of petitioner-tenant in respect of the shop in question; that both original tenant and original executant of the rent deed expired and tenancy rights were inherited by the tenant-petitioner alongwith his brothers and landlord-respondent alongwith his brothers and mother; that one of the brother of landlord-respondent namely Ashok Kumar Agrawal on 24.12.2007 executed another rent agreement with some enhancement in the rent in favour of the petitioner-tenant specifically stating that conditions of the earlier rent agreement will continue.

(3.) Thereafter, the petitioner moved an application 39-C stating that release application is liable to be rejected under Order VII, Rule 11, C.P.C. as not maintainable as there is no cause of action to file suit because both the parties are bound by the agreement executed between the parties and there is no breach of any clause of agreement by the petitioner.