SYEED KHAN Vs. ALOK GOEL

JUDGEMENT

(1.) PETITIONER is tenant of a shop, on behalf of landlord- respondent No. 1 Alok Goyal. The shop has got frontage of 7 feet 6 inch and depth of 17 feet 1 inch. Landlord-respondent sought for and was granted release of 4 feet by 17 feet 1 inch portion the shop in dispute for constructing the staircase in release proceedings under Section 21 of U.P. Act No. 13 of 1972. Release application was registered as P.A. case No. 14 of 1981 and was allowed by prescribed authority/Munsif Pilibhit through judgment and order dated 7-5-1984. Appeal filed against the said judgment and order by the tenant-petitioner being P.A. Appeal No. 21 of 1984 was dismissed by VI Additional District Judge, Pilibhit 27-10-1988, hence, this writ petition.

(2.) LANDLORD had pleaded that he had three adjoining shops including the shop in dispute and he had no stair case to reach at the roof of the shops; that he intended to make constructions on the first floor of the three shops, hence, he required 4 feet by 17 feet 1 inch portion of the shop in dispute to construct the stair case. Rent of the shop in dispute is only Rs. 8.50 per month. It was also pleaded by the landlord that tenant was carrying on the business of selling mangoes from the shop in dispute which was a seasonal business and even in the portion left in his tenancy occupation after release of the desired portion, tenant would be able to carry on his business although with some difficulty.

(3.) IT was argued vehemently before the courts below as well as this court that in case release was allowed, tenant would be left with a gallery of 3 feet 6 inch frontage and depth of 17 feet 1 inch which would not be suitable for any business. In case landlord had sought releases of the entire shop, this argument would not have been available to the tenant. Seeking release of a portion of the shop in dispute instead of the entire shop fairly established bona fides of the landlord.