RAMAUTAR Vs. RAMESH CHAND SHARMA

JUDGEMENT

(1.) Heard Mr. Arvind Srivastava along with Mr. Ram Milan Mishra, learned counsel for the petitioner and Mr. Uma Nath Pandey, learned Counsel for the respondents in both the Writ Petitions.

(2.) Both the writ petitions arises out of one Rent Control Case No. 5 of 2005 between same parties as such both the writ petitions are clubbed and heard together.

(3.) Brief facts of the case are that dispute pertains to a shop situated at Mohalla-Baidhwada, Kasba, Pargana and Tehsil-Sikandarabad, District-Bulandshahar. Respondent-Ramesh Chand Sharma is landlord of aforementioned shop and petitioner-Ramautar is tenant of the aforementioned shop. The aforementioned shop was in the tenancy of the petitioner since 1977 @ 600 per month. Respondent-landlord filed a Release Application under Sec. 21 (1)(a) of the U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as " U.P. Act No. 13 of 1972"). The aforementioned Release Application was registered as Rent Control Case No. 5 of 2015 before the prescribed authority, Bulandshahar. In the aforementioned case, petitioner-tenant filed his written statement on 19/4/2016 denying the bona fide need of landlord as setup in the release application. Respondent-landlord filed an application on 27/10/2018 and additional written statement has been filed in the aforementioned rent case by the tenant. Parties had adduced evidence in the shape of affidavits in the aforementioned rent control case. The prescribed authority vide judgment/order dtd. 26/3/2019 allowed the release application filed by landlord. Against the order of prescribed authority dtd. 26/3/2019, appeal under Sec. 22 of U.P. Act No. 13 of 1972 was filed which was registered as rent appeal No. 9 of 2019. Appellate Court vide judgment dtd. 1/8/2023 dismissed the aforementioned rent control appeal filed by petitioner-tenant. Against the aforementioned order passed by appellate Court, petitioner-tenant filed a Writ-A No. 14840 of 2023 before this court which was al-lowed vide judgment dtd. 19/10/2023 directing the appellate Court to pass a fresh order in appeal strictly in accordance with law. In pursuance of the judgment/order of this court, the matter was proceeded before the appellate Court. During pendancy of the appeal written offer on behalf of landlord bearing paper 42-Ga dtd. 27/9/2018 was already on record for granting another shop to the petitioner in place of disputed shop. In pursuance of the aforementioned offer of the landlord, petitioner-tenant submitted his acceptance application dtd. 16/5/2024 (paper No. 9-C/2) regarding shop No. 3. On behalf of respondent-landlord, an objection 10-C/2 was filed. The appellate court after considering the application 9-C/2 an objection 10-C/2 fixed the appeal for hearing with observation that application 9-C/2 shall be considered at the time of hearing. Petitioner/tenant filed another application dtd. 16/5/2024 (paper No. 11-C/2) offering the landlord that he will vacate the disputed shop for landlord provided landlord execute the sale-deed in favour of tenant in respect to shop No. 3. Appellate Court again fixed 17/5/2024 for argument in appeal postponing the decision over application 11-C/2. Appellate Court finally vide judgment dtd. 31/1/2025 dismissed the appeal filed by petitioner-tenant. Hence Writ-A No. 2647 of 2025 on behalf of petitioner-tenant has been filed for the following relief :-