MOHD ALI Vs. DISTRICT JUDGE PRATAPGARH

JUDGEMENT

(1.) The tenant-petitioner has filed this writ petition assailing the judgment and order dated 28.10.2014, passed by the District Judge, Pratapgarh, in Rent Appeal No.4 of 2012, whereby the appeal was allowed and the tenant-petitioner was directed to vacate the disputed shop within a period of 30 days from the date of judgment.

(2.) I have heard Sri Abdul Razzaque Khan, learned counsel for the petitioner and Sri Mohd. Arif Khan, learned Senior Counsel, assisted by Sri Mohd. Aslam Khan Advocate, who has appeared on behalf of the contesting opposite parties no.2 and 3-landlords.

(3.) The brief facts giving rise to this writ petition are that the opposite parties no.2 and 3 filed an application for release under Section 21 (1)(a) of U.P. Act No.13, 1972 (hereinafter referred as the 'Act') with the allegations that the disputed house number 248 situate in Mohalla Makandruganj, District Pratapgarh was owned by one Smt Munder Bibi. She died leaving behind two sons, namely, Mehdi Hasan and Zaheer Hasan. After the death of Smt. Munder Bibi, a mutual partition took place between the two brothers, according to which, the southern half portion of the house came into the share of Zaheer Hasan while the remaining northern half portion fell into the share of Mehdi Hasan. The disputed shop is situated in the south east portion of the house which fell in the share of Zaheer Hasan. The tenant-petitioner had taken the disputed shop on rent in the year 1976 from the sons of Abrar Hasan on a monthly rent of Rs.65/- which was subsequently increased to Rs.150/-. The landlords-opposite parties no.2 and 3 purchased the southern half portion from the sons of Zaheer Hasan by means of registered sale-deed dated 15.10.2003 while the remaining half portion was purchased by them on 23.08.2003 from Anwar Hasan son of Abrar Hasan and Nisar Hasan son of Ikrar Hasan, the grand son of Abrar Hasan. Another portion of the house was purchased by the opposite parties no.2 and 3 by means of sale-deed dated 10.11.2003 and 20.11.2003 from Rizwan Hasan and Sabir Hasan and Niyaz Hasan. Thus, they became owner of the entire house including the disputed shop. The tenant-petitioner inspite of having full knowledge of the aforesaid transaction did not pay any rent to the opposite parties-landlords despite their repeated requests and demand.