RAM PRAKASH JAISWAL Vs. ADDITIONAL DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) Heard.

(2.) Counsel for the petitioner submits that initially the rent of the shop was Rs. 150/- per month which was enhanced from time to time and during the pendency of the writ petition the same was enhanced to Rs. 700/- as agreed by the landlord, which was deposited upto April, 2012 by the petitioner. The assertion of the petitioner the premises are covered under the Rent Control Act, which is disputed by the landlord. During the course of arguments, learned Counsel for the petitioner submitted that he may be allowed to carry out the business of retail sale of medicines till April 2012 as the license issued under the Drug and Cosmetics Act by the competent authority is valid till December, 2012 for the premises in question. He further states that he has also applied for the fresh licence with another premises and if the same is issued prior to December 2012, he will shift his business. He undertakes that in all likelihood, he will vacate the premises by December 2012 and thereafter he has to shift his business.

(3.) On the aforesaid proposal, Sri Shyamji Shukla states that he has no objection provided an undertaking is given by the landlord that he Will vacate the premises in December 2012 and some rent is also enhanced.