RAJENDRA KUMAR Vs. GOPAL KRISHNA

JUDGEMENT

(1.) This writ petition is directed against the order dated 10th Sept. 1992 passed by the Prescribed Authority, Muzaffarnagar, releasing the disputed shop in favour of the landlord-respondents in the proceedings under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 6-11-1993 passed by respondent No.1 affirming the said order in appeal.

(2.) The petitioners are tenants of shop No.3 at monthly rent of Rs.50.00 in a portion of Premises No.100 Martinganj, Muzafarnagar. Respondents Nos.1 to 8 are landlords of the said premises. The property No.100, Martinganj was jointly purchased by Kishan Chand and his three sons, namely, Gopal Krishna, Sarvesh Kumar and Alok Kumar, by registered sale deed dated 4/08/1975. After purchase of the property in the year 1977 they filed an application purporting to be under Section 21(1)(b) of the Act for demolition and new construction of the shops and other constructions of that property against Hans Raj, the father of the petitioners, and on another tenant, Har Prasad. The parties entered into a compromise on 12/01/1977 and in pursuance of the said compromise it was agreed that the landlords will construct the shops as provided under the terms of the compromise and after the construction of the shops the same shall be given to Hans Raj on rent.

(3.) Paragraph 7 of the said compromise provided that the landlords shall not evict the tenant for 11 years in pursuance of the proceedings under Section 21 of U.P Act No.13 of 1972. The Prescribed Authority passed the order in terms of the compromise. The shops were constructed by the landlords. Hans Raj, the father of the petitioners, was given possession of the disputed shop after its construction.