M/S. GOLD FILLED MERCANTILE COMPANY AND ANOTHER Vs. THE III ADDITIONAL DISTRICT JUDGE, VARANASI AND OTHERS

JUDGEMENT

(1.) Respondents 2 and 3 Dr. Mrs. Farhat Durrani and Dr. Abrar Ahmad filed an application under Sec. 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to as the Act) against the petitioners for release of a house occupied by them on the ground that they bona fide needed the said house for their own use. The application was contested by the petitioners and was dismissed by the Prescribed Authority but no appeal by respondents 2 and 3 it has been allowed by the III Additional District Judge, Varansi respondents No. 1. It is this order of respondent No. 1 which is sought to be quashed in the present writ petition.

(2.) Before dealing with the submissions made by counsel for the petitioners it would be necessary to give certain relevant facts. The house in respect of which the aforesaid application for release was filed is house No. D-41/1 Mohalla Ramapura, Varanasi. It belonged to Amir Mohammad, father of Dr. Abrar Ahmad, respondent No. 3, Respondent No. 2 Dr. Mrs. Farhat Durrani is a medical practitioner and is the wife of Dr. Abrar Ahmad respondent No. 3, who in his turn is Reader in the Department of Management Studies in the Venaras Hindu University. Amir Mohammad executed a registered deed of waqf-alal-aulad on 20.9.1954 in respect of the aforesaid house and appointed his eldest son Anwar Ahmad as its mutwalli reversing the right to remove the mutawalli in case he renounced Indian citizenship and settled abroad and to appoint another mutawalli thereof. Anwar Ahmad subsequently left India permanently and by a subsequent registered deed dated 3.11.1971 Amir Mohammad removed Anwar Ahmad from mutwalli-ship and appointed himself as mutawalli. He also nominated respondents 2 and 3 as co-mutawallis of the said waqf after his death. Amir Mohammad subsequently died and respondents 2 and 3 became the co-mutwallis of the aforesaid waqf-alal-aulad. The house in question was let out to petitioner No. 1 Messrs Goldfilled Mercantile Co. which carries on business of manufacturing glass beads and immitation ion pearls having its head office at Bombay. In the house in question petitioner No. 1 does not carry on any manufacturing process but uses it for maintaining its office, keeping raw materials for distribution to workers and for collecting glass beads from labourers and dispatching them to its head office at Bombay. Petitioner No. 2 is the local manager of petitioner No. 1 and resides in a portion of the house in question.

(3.) Respondents 2 and 3 have been residing in house No. D-37/40, Baradeo, Varanasi, which belongs to Dr. Abrar Ahmad, respondent No. 3. In a portion of this residential house respondent No. 2, who is a medical practitioner, as stated above, is carrying on her practice as consultant in gynocology, obstatries and paediatrics. Her case was that on the request of the Lions Club she also renders two hours free service every day in her clinic aforesaid for general check-up of children below five years and administers to them immunisation vaccines against tetanus, polio, diptheria, tuberculosis and whooping cough etc. These vaccines are supplied by Lions Club for welfare of infants free of cost. The case of respondents 2 and 3 was that they intend to open a maternity nursing home-cum-infant immunisation centre in the house in question and for this purpose they bona fide needed it. Their case further was that the petitioners have also taken on rent six other accommodation in Varansi for carrying on their business aforesaid and that they will not be put to any loss or inconvenience if the application for release was allowed. Their case further was that so far as they are concerned they have no other accommodation except the house in question where maternity nursing home-cum-immunisation centre could be opened.