MOHAMMAD AAMIR Vs. DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) Heard Sri Mohd. Mubalig-Us-Salam, learned counsel for the petitioner and Sri Mohammad Ehtesham Khan, learned counsel appearing for respondent/landlord.

(2.) It is the case of the petitioner as argued by his Counsel that Sri Riyaz Ahmad, Sri Ayaz Ahmad, Sri Ahraz Ahmad and Sri Imran Ahmad, all four sons of Late Aziz Ahmad were the landlords of the property in question i.e. House no. 429/40 ad-measuring 3256 Sq. feet situated in Mohalla Muazzam Nagar, Pargana, Tehsil and District - Lucknow by virtue of registered sale-deed dated 23.04.2001 executed by one Mangli Prasad. On 02.02.2006 Sri Ahraz Ahmad, son of Late Aziz Ahmad had let out the two shuttered shop situated in aforesaid building no. 429/40 to the petitioner on rent at the rate of Rs.2000/- per month with the condition that the rate rent will keep on increasing at the rate of 5% on the expiration of every three years. Opposite party nos. 3 and 4 are the daughters of late Aziz Ahmad and after the death of Late Aziz Ahmad, Sri Ahraj Ahmad orally informed the petitioner that opposite parties no. 3 and 4 had been given the ownership of the two shops in question on the basis of family settlement that had taken place after the death of their father Aziz Ahmad on the basis of his Will to carry out his last wishes. The petitioner bonafidely believed the oral statement of Ahraj Ahmad and starting giving rent to respondent no.3 an 4 at the rate of Rs.2400/- per month.

(3.) The opposite parties no. 3 and 4 filed an application under Section 21(1) (a) of the U.P. Act no.13 of 1972 before the Prescribed Authority, saying that they were living in a rent ed accommodation at Kanpur and they wished to start their business in the shop in question at Lucknow. The petitioner filed his objection to the said application wherein he stated clearly that Aziz Ahmad was not the owner of the property in question . He could not have Willed the same to opposite parties no. 3 and 4. Ahraj Ahmad with his three brothers had purchased the property through registered sale-deed and the shop in question had been let out by Sri Ahraz Ahmad,who was the owner and landlord of the shop in question. It was also stated that the petitioner was running a General Merchant business in the two shops in question for the past 12 years which was the only source of income and it would be difficult for him to seek alternative accommodation in neighborhood.