GURUCHARAN SINGH Vs. N P AGARWAL

JUDGEMENT

(1.) O. P. Garg, J. Santokh Singh was originally a tenant of ground floor portion of premises No. 111/428, Ashok Nagar, Kanpur. The accommodation comprise two shops facing towards the eastern side having their openings on the road. Abut ting the two shops there are two rooms, two kitchens and toilets with an open space to be used as Angan. In between the two shops, there is a passage leading up to Court yard. The petitioners are the sons of late Santokh Singh. Release petition (No. 56 of 1998) was filed by the respondent-landlord against the petitioners under Sec tion 21 (1) of the UP. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (Act No. XIII of 1972) (hereinafter referred to as 'the Act' ). It was partly allowed by the Prescribed Authority by order dated 30-8-1998. The order of release was passed in respect of only one shop. The application for release with regard to the remaining tenanted accom modation was rejected. The order passed by the Prescribed Authority gave rise to two separate appeals, one by the petitioner-tenants (No. 203 of 1998), and the other by the landlord-respondents (No. 210 of 1998) under Section 22 of the Act. The Appellate Court decided both these appeals by a common order dated 29-5-2000. The appeal filed by the petitioner-tenants was dismissed while the appeal preferred by the respondent-landlords was allowed. The order of release in respect of the entire tenanted accommodation was passed. It is in these circumstances that the petitioner-tenants have come before this Court to challenge the order passed by the Appellate Court.

(2.) COUNTER and rejoinder affidavits have been exchanged. Heard Sri Manoj Misra, learned Counsel for the petitioner and Sri Rajeshtandon, Senior Advo cate assisted by Smt. Rajni Agarwal, Advo cate on behalf of the respondent.

(3.) A plethora of decisions of this Court as well as Apex Court was placed before this Court of consideration in sup port of one or the other contention.