(1.) Heard Sri Nagendra Kumar Srivastava, learned counsel for the petitioners-tenants and Sri Mohit Kumar along with Sri Mohit Kumar Shukla, learned counsel appearing for the respondents-landlords.
(2.) Leading petition has been filed challenging the impugned orders dated 1.11.1994 and 16.11.2010 passed by the Prescribed Authority/Judge Small Causes Courts, Bulandshahar.
(3.) The petitioners herein are the tenants of the shop no. 58, Chowk Bazar, Bulandshahar. Initially the said shop was in the tenancy of grandfather of petitioners late Jugmandar Das Jain. After his death, as per family settlement between the legal heirs of late Jugmandar Das Jain, the shop in question was given to Sri Raj Bahadur Jain by means of inheritance from his father. Thereafter, the respondents-landlords initiated the proceedings under Section 21(1)A of the Act No. 13 of 1972 against Sri Raj Bahadur Jain. In the release application, it was stated that the shop in question is required to fulfill the need of his family and the need of the landlord is bona fide and genuine. Thereafter, father of the petitioner late Raj Bahadur Jain filed his written statement in the release application stating therein that the need of the landlord is not bona fide and genuine. On 1.11.1994 one alleged compromise application was filed before the prescribed authority, on the basis whereof the prescribed authority passed the impugned order dated 1.11.1994, against which the tenants-petitioners filed a suit being Original Suit No. 380 of 2004, which was decreed vide judgement and order dated 25.10.2008 wherein it was recorded that after the death of father of the petitioners Raj Bahadur Jain the tenancy right has been inherited by the petitioners and they are the tenants of the shop in question. No appeal against the said judgement was filed by the respondents-landlords. Thereafter, the respondent-landlord Surendra Kumar Jain filed an application dated 18.11.2004 under Section 23 of the Act No. 13 of 1972 for execution of the order dated 1.11.1994, against which petitioners-tenants filed their objection on 16.3.2005. The prescribed authority allowed the application 4A filed under Section 23 of the Act No. 13 of 1972 vide impugned judgement and order dated 16.11.2010. Hence the present petition.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN