ALIGARH SARRAFA COMMITTEE SARRAFA BAZAR Vs. PRABHA RANI

JUDGEMENT

(1.) This is a tenants' petition against an order of release passed under Sec. 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, 'the Act') passed concurrently by the two Authorities below.

(2.) The two petitioners, who are effectively one, are tenants in a shop, situate at Sarrafa Bazar, Aligarh, admeasuring 15 square meters, of which Smt. Prabha Rani, respondent no.1 to this petition, is the landlady. The shop aforesaid is held by the petitioners at a monthly rent of Rs.50.00. The said shop shall hereinafter be called 'the demised shop'.

(3.) The facts giving rise to this petition are that Smt. Pratibha Rani, respondent no.1, who shall hereinafter be referred to as the landlady, instituted the present proceedings under Sec. 21(1)(a) of the Act with the case that she purchased two shops, admeasuring 15 square meters, situate at Sarrafa Bazar, Aligarh, through a registered sale deed dtd. 31/10/1995. Out of the two shops, the smaller one, which has a door of one meter, is in the occupation of the landlady's husband, Manohar Lal Gupta, who carries on the business of a jeweller therein. The other shop, that has a door of two meters wide, is in the tenancy occupation of the Aligarh Sarrafa Committee since the time of the previous owner and landlord, at the monthly rent, already mentioned hereinabove. It is the said shop, that has already been introduced hereinbefore as the demised shop. The Aligarh Sarrafa Committee, Sarrafa Bazar, Aligarh is a registered body, which has a triennial election and is represented by its Secretary. The Secretary of the aforesaid Sarrafa Committee is responsible for all actions of the Body and is competent to prosecute and defend legal proceedings on its behalf. The Aligarh Sarrafa Committee shall hereinafter be referred to as 'the tenant'. It is the landlady's case that the tenant has a weighbridge (dharamkanta) installed in the demised shop. For the present, the weighbridge is not in use. Every shop in the Sarrafa Bazar is now equipped with electronic weighing machines.