LAWS(ALL)-2013-8-13

MAHESH CHANDRA RAIKWAR Vs. RAVI KANKANE

Decided On August 12, 2013
Mahesh Chandra Raikwar Appellant
V/S
Ravi Kankane Respondents

JUDGEMENT

(1.) This is the petition filed by the tenants, challenging the order of the Additional District District Judge, Jhansi dated 9.4.2013 by which the appeal filed by the petitioners against the order of the Prescribed Authority dated 11.5.2010 in P.A. Case No. 25 of 2008 has been rejected.

(2.) The brief facts giving rise to the present writ petition are that the petitioners are the tenants of shop nos. 139, 140 and 141 ( New Nos. 185 & 186) Mohalla-Hingan Katra, Jhansi in which there are three shutters in which they are carrying on the business of Sweetmeat.

(3.) In a shop adjacent to the disputed shop, the respondent-Dr. Ravi Kankane is running his Dental Clinic since long. In the year 1988, the respondent purchased the house in which the disputed shop as well as the area in which the respondent is running the Dental Clinic in shop no. 142 are situated. After purchase of the shop in dispute, the respondent has given a notice dated 14.11.1991 to the petitioners to evict the shop on the ground that he needed the shop to expand his Dental Clinic. After giving the notice, a release application was filed, which was registered as Case No. 26 of 1992. The said release application has been rejected by the Prescribed Authority vide order dated 5.2.2000 on the ground that the release application has been filed before expiry of six months and, therefore, it is not maintainable. Against the order of the Prescribed Authority, the respondent filed an appeal, which has been dismissed vide order dated 30.5.2001.