MULLAN YADAV Vs. ADDITIONAL DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD Counsel for the parties and perused the record. This writ petition is directed against the judgment and order dated 10.10.2006 passed by the Additional District Judge, Court No. 9, Varanasi dismissing Rent Appeal No. 195 of 2004 filed by the petitioner and affirming the judgment and order dated 8.9.2004 passed by the Prescribed Authority/Additional Civil Judge (Senior Division), Varanasi.

(2.) THE petitioner is tenant of the shop situate at CK -37/31 Kotwalpura, Bans Phatak, Varanasi. It was allotted by the Rent Control and Eviction Officer/Additional District Magistrate (Supply), Varanasi to him on monthly rent of Rs. 800/ - vide order dated 12.8.2003. The petitioner is running a sweet shop in the aforesaid accommodation since 1993. After the death of landlord Sri Markande Pandey the rights of the landlord devolved upon respondent Nos. 3 and 4, his sons. They filed a suit under section 21(1)(a) of U.P. Act No. 13 of 1972 before the Prescribed Authority/Additional Civil Judge (Senior Division), Varanasi for release of the shop in question on the ground of bona fide need of shop for respondent No. 4 who was unemployed. The application was registered as P.A. Case No. 7 of 2003.

(3.) THE petitioner denied the allegations of the plaintiff -respondents and stated that the intention of the respondents for moving release application was to evict the petitioner and thereafter let out the shop in dispute to some other person on higher rent, after taking premium from him and that Case No. 8 of 1998 was filed by the respondent -landlords in the Court of Judge Small Causes Court, Varanasi was based on incorrect facts and forged documents. A specific objection was taken by the petitioner that his house is situated much away from the main road and there being no direct passage to his house it could not be used for business purpose, hence he cannot shift his business there. It was also stated that the landlords had surplus accommodation in the shape of a hall in his residential house in which he could start his business of Fast food, if he so desired.