BACHCHI LAL Vs. SMT. MUNNI DEVI

JUDGEMENT

(1.) This writ petition has been filed by the tenant. Release application filed by the original landlady was numbered as Misc. Case No. 15170 of 1990. The release application was rejected by Prescribed Authority/Civil Judge (J.D.), Fatehpur through judgment and order dated 14th Nov., 1996. Against the said judgment and order landlady filed appeal under Sec. 22 of the Act, being Rent Appeal No. 7 of 1996. During the pendency of appeal landlady died and was substituted by her daughter the present respondent. Even in the initial release application the need for the landlady to do business from the shop in dispute alongwith her grandson 1.e., son of respondent No. 2 was set up. Additional District Judge, Court No. 5, Fatehpur, allowed the appeal through judgment and order dated 3rd March, 2003. Landlady was directed to pay two years rent as compensation to the tenant. This writ petition is directed against aforesaid judgment and order of Appellate Court.

(2.) Heard learned Counsel for the parties.

(3.) The main argument of learned Counsel for the tenant petitioner is that during pendency of appeal a shop was initially in tendency occupation of one Ramesh Chand fell vacant and the landlady let out that shop to Ritu Medical Store. Regarding this aspect the case of the landlady was that Ramesh Chand had temporarily gone to Surat (Gujarat) and had handed over the shop in dispute for safety purpose to his friend Suraj Bali. It was further stated that in the back portion of the said shop, goods of Ramesh Chand were stored and front portion of the shop was in possession of Suraj Bali as care taker.