MAHMOOD KHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) LIST is revised and the case is listed peremptorily still no one has appeared for contesting respondent. Heard Sri S.A. Shah learned Counsel for the petitioner. This is landlord's writ petition arising out of eviction/release proceedings initiated by them against tenant respondents No. 3 to 10 in the form of R.C. case No. 420 of 1977. The accommodation in dispute is a shop. Prescribed Authority/IV Additional Civil Judge allowed the release application on 30.3.1981. Tenants respondents filed appeal under section 22 of the Act before District Judge, Kanpur. The appeal was numbered as Rent Control Appeal No. 128 of 1981. The appeal has been allowed by District Judge Kanpur through judgment and order dated 22.7.1982. This writ petition is directed against the aforesaid judgment and order of the Appellate Court.

(2.) LOWER Appellate Court placing reliance upon report of Advocate Commissioner according to which there was a Baithak in front portion of the residential house of the landlord which at the time of inspection contained four chairs one table and a takht, held that in its view landlords could without much inconvenience take this Baithak to other parts of the building and utilize the said room for the purpose of running a shop in case they intended to start any business. In my opinion that approach of the lower Appellate Court is clearly erroneous in law. Landlord cannot be compelled to convert the residential accommodation (drawing room Baithak in the instant case) into commercial one in order to accommodate the tenant and save his ejectment from the shop in his tenancy.