MOHAMMAD AZAM Vs. DISTRICT JUDGE

JUDGEMENT

(1.) By means of instant writ petition the petitioner has sought for a writ in the nature of certiorari to quash order dated 26.05.2012, passed by learned Prescribed Authority/Additional Civil Judge (S.D.) Court No.23, Barabanki, by which P.A. Case No.2 of 2008 was decided and disputed premises was directed to be released in favour of the landords; and judgment and order dated 6.12.2012, passed by learned District Judge, Barabanki in Rent Appeal No.2 of 2012 which has been dismissed and the findings arrived at by the learned Prescribed Authority has been affirmed.

(2.) Admitted facts between the parties are that the petitioners' father was tenant of the disputed premises, of which Abdul Jameel was the landlord. During pendency of the case the tenant died and learned Prescribed Authority substituted the heirs who are petitioners before this Court. During the course of appeal, landlord also died and his heirs were also substituted in the Appellate Court.

(3.) The deceased/landlord moved application on 12.02.2008 for eviction of the deceased/tenant on the ground that the disputed premises is required for his sons who are unemployed and are sitting idle. The landlord has three sons. The eldest one is a good tailor but is missing since 2002 due to unemployment and his whereabouts are not known. The second son knows sewing work, the third son knows work of air conditioner and firdge who is not working properly and sitting idle for want of availability of shop; the tenant is dealing with handloom business in the disputed shop though there are other shops in their possession in the same city; they are exporters and rich persons and are in position to obtain another shop in the city easily; the landlord is not in position to obtain a shop in the city easily; the tenant has a shop in Akhtar Plaza Market and another shop in the market constructed in front of City Police Outpost; he has a big house in Mohalla Peer Batawan where he is carrying business of handloom adhat (whole seller); besides tenant has a jewelery shop in Village Safdarganj. The shop in question is part of a construction which is in dilapidated condition and the shop adjoining to the disputed shop has fallen down; the landlord cannot raise construction as repairing is not possible in his house.