KALIKA PRASAD Vs. ABID ALI

JUDGEMENT

(1.) AGGRIEVED against the order dated 2 -4 -88, contained in Annexure -9, by means of which the Additional City Magistrate, (Rent Control) Lucknow, opposite party No. 2 declared vacancy of the shop in question under Section 12(1)(b) of the U.P. Urban Buildings (Regulation, Letting and Eviction) Act, 1972, (hereinafter called the 'Act') the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India by preferring the present writ petition. The dispute relates to a shop, situated in a Building bearing No. 222/2, Raja Bazar, Lucknow which is owned by opposite party No. 1. In the said' building there are three shops in the use and occupation of Sarva Sri Muona Lal, Rajaram and the petitioner in which they carry on the business of manufacture and sale of Batasa, Reori and milk products.

(2.) IT was averred in the writ petition that one shop in question was previously in the tenancy of one Buddhu Lal who used to carry on the business of manufacture and sale of Batasa, Reori etc. As he was alone and aged he sustained loss in the business. Hence, he entered into an agreement with the petitioner on 25 -12 -71 and started business of milk and milk products with the petitioner in partnership. The said Buddhu, Lal, who was issueless, died in the month of January, 1983 at the age of 85 and since then the petitioner alone was carrying on the said business. It was averred that since the petitioner entered into partnership with Buddu Lal he has been paying rent to opposite party No. 1.

(3.) IT is further averred in the writ petition that neither in the release application nor in the affidavit forming part of the release application it was mentioned that since when the shop in question was occupied by the petitioner.