RAKESH GUPTA Vs. HARISH CHAND GANDHI

JUDGEMENT

(1.) This is a petition by one of the alleged tenants of a shop arising from proceeding for its release which have been allowed by both the courts below.

(2.) The house situate at Subhash Road, Aligarh, the property of three brothers Chatur Mohan Mathur, Pyare Mohan Mathur and Jitendra Mohan Mathur, all sons of late Lalit Mohan Mathur had fallen down. The aforesaid owners leased out the aforesaid property except part of it which comprised of a house bearing Municipal Number 7/236, in favour of Bishan Dayal and Harish Chandra Gandhi for a period of 10 years vide lease deed dated 30.6.1982 @ Rs. 1,800/- per month. In the said lease, the lessors together were described as first party, one of the lessees Bishan Dayal as the second party and the other lessee Harish Chandra Gandhi as the third party. The lease stipulates that the lessees ie., second and third party shall raise constructions on the ground floor according to map annexed at their own cost and expenses and for that purpose they may utilize the debris of the old fallen house. The lessees shall not assign their rights and shall not mortgage, sell or transfer any part or whole of the demised premises in any manner detrimental to the interest of the lessors but they may permit any person to occupy one of shops each constructed by them over the demised premises as licensee. However, such persons shall not be deemed to be tenants or lessees of the lessors. The lease also envisages that on the expiry of 10 years the lessees by giving 15 days notice in writing may continue with the lease for a further period of 10 years on enhancement of existing rent by 10%.

(3.) In pursuance to the aforesaid lease deed, Harish Chandra Gandhi, one of the lessees entered into possession of the demised premises and constructed two shops which are more precisely described as shops no. 2 and 3. He allowed one of the aforesaid shop no. 2 to be occupied by Rakesh Gupta and Sri Mamta Gupta vide license dated 27.3.1985 allegedly in terms of the aforesaid lease deed for a period of 10 years with retrospective effect from 18.11.1982 @ Rs. 800/- per month.