JAGANNATH BHATIA Vs. MADAN LAL AND OTHERS

JUDGEMENT

(1.) The petitioner has come up in this writ petition challenging the validity and correctness of the appellate order dated 27.3.2004, contained in Annexure-10 to the writ petition, passed by Additional District Judge. Barcilly allowing the appeal R.P.A. No. 93 of 1993-Madan Lal and others Vs. Jagannath Bhatia .

(2.) The facts of the case are that the petitioner purchased house No. 126, Jan Manzil. B.I. Bazar. Cantt. Bareilly in 1967 consisting of two shops on the ground floor and remaining accommodation in the ground floor and first floor being residential.

(3.) Petitioner claims that a portion of ground floor was being used by one Dhakan Das for commercial purposes which was vacated by the then landlord and after purchase of the house by the petitioner, it was being used as residential portion by the petitioner and his family members. As in 1967, the petitioner was issue-less, the tenanted shops on the ground floor were not required by him as such he allowed them to remain under the tenancy of the respondents on a monthly rent of Rs. 8/- per month in which they were doing laundry business.