LAWS(ALL)-2011-5-162

RAM CHANDRA YADAV Vs. DISTRICT JUDGE ALLAHABAD

Decided On May 25, 2011
RAM CHANDRA YADAV Appellant
V/S
DISTRICT JUDGE, ALLAHABAD Respondents

JUDGEMENT

(1.) Petitioners are owners and landlords of the property No. 1029/880 Old Katra, Allahabad. It is said that the aforesaid property consisted of an old dilapidated house over 100 years old. Petitioners decided to develop the property and reconstruct a multi-storied building thereon.

(2.) Petitioners entered into a registered agreement with Respondent No. 3 on 8.6.01 agreeing for letting out a portion having an area of 17' X 35' with a minimum height of 12 ' on the first floor of the proposed building facing Chintamani Road and having access through the front portion of the building. The agreement also provided that the Petitioners would construct a multi-storied building consisting of shops on the ground floor and the first floor with residential block on the second floor and that the landlords would complete the construction of the first floor within a period of one year on obtaining sanction of the map from the Allahabad Development Authority and shall deliver possession of the same whereupon tenant would start paying rent @ Rs. 3,000/- per month. The agreement further provided that if the landlords fail to complete the constructions within time stipulated and deliver its possession to the Respondent No. 3 they shall be liable to pay damages @ Rs. 6,000/- per month to Respondent No. 3. The tenancy would be for a period of 21 years with the option of renewal on such terms as may be agreed between the parties.

(3.) The Petitioners got the map of the proposed building prepared and sanctioned from the Allahabad Development Authority on 21.9.01. The sanctioned map is Annexure-9 to the writ petition and it shows that the building would consist of a basement, a ground floor, a first floor and a second floor.