RAJ KAPOOR Vs. VIITH ADJ FATEHPUR

JUDGEMENT

(1.) O. P. Garg, J. The dispute relates with regard to non-residential accom modation situated in mohalla Lathi Mohal 89-A old No. 100 in City and Dis trict Fatehpur. The landlord respondent Nos. 3 to 6 moved an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 for release of the said accommodation. It was registered as P. A. Case No. 59/70 of 1998. The release petition was allowed by the Prescribed Authority on 25-1-1999. Against this order the petitioner preferred an appeal under Section 22 of the Act (Rent Appeal No. 2 of 1993 ). It was dis missed on 25-5-2000. Sri W. H. Khan, learned Counsel for the petitioner pointed out that during the pendency of the appeal under Section 22 of the Act, the respondent landlords Nos. 3 to 6 have been able to obtain possession of another shop to satisfy the need of another son but since the other son has settled elsewhere, the need of the landlord may be satisfied by the other shop which has been released.

(2.) SRI Rajesh Tandon who appears on behalf of the landlords, has repelled this submission and on the other hand he pointed out that the petitioner has also purchased a shop during the pendency of the proceedings to which he may shift his business. It was also pointed out that the question of bonafide need as well as that of hardship is a finding of fact which cannot be disturbed by this Court by invoking its extraordinary jurisdiction under Article 226 of Constitution of India.

(3.) AFTER having heard learned Coun sel for the parties on the point and with d view to balance their rights I feel that it would be proper if the implementation of theorder of releasedated 25-1-1999 andas affirmed in appeal on 25-5-2000 is deferred til!31-12-2001; Provided; (i) the petitioner deposits in advance the amount of damages calculated twice the rate of rent by 15th of May, 2001 with the Prescribed Authority for the period 1st of April, 2001 to 31-12-2001; (ii) and also files an affidavit by 15-5-2001 incorporating an undertaking that he shall deliver vacant peaceful possession to the landlord-respondent Nos. 3 to 6 on or before 31-12-2001.