CHANDAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This judgment and order shall dispose of the present writ petition and connected Writ-A Nos. 19265 of 2021 and 19267 of 2021, all of which involve identical questions of fact and law. Writ-A No. 19263 of 2021 is being treated as the leading case.

(2.) Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner, Mr. Jeevanjee Srivastava, learned counsel appearing on behalf of respondent no. 3 and Mr. V.K. Nagaich, learned Standing Counsel appearing on behalf of the State.

(3.) The brief facts of the leading case are that the Late Kamla Prasad, father of the tenant-petitioner, Chandan Lal was allotted Shop No. 6 on the basis of an auction dtd. 29/8/1990, for a period of 99 years. The shop is owned by the Nagar Palika Parishad, Gopi Ganj, District Bhadohi and the Nagar Palika, represented by the Executive Officer, is the landlord of the said shop. The rent of Rs.250.00 per month was settled, besides a premium of Rs.30,000.00. The case of the petitioner is that he has been regularly paying rent to the Nagar Palika Parishad, but without determining his tenancy, the Nagar Palika Parishad have issued a recovery certificate dtd. 5/11/2019 for a sum of Rs.93,508.00 claimed to be outstanding against the petitioner on account of unpaid rent.