RADHEY SHYAM AND ANOTHER Vs. GUDDI DEVI

JUDGEMENT

(1.) Heard Sri A.P. Srivastava, learned counsel for the petitioners and Sri Ramendra Asthana, learned counsel for the respondent.

(2.) This writ petition is directed against the orders of release passed by the Court below in a proceeding under Section 21(1)(a) of U.P. Act No. 13 of 1972. The disputed property is a shop no. 86/9 measuring "7.7ft.X7.7ft." situated at ground floor of the property no. 85/7, Mohalla Sulatanpura, Agra.

(3.) The contention of the applicant-landlady that she is sole owner of the shop in question is incorrect. The shop is occupied by Sri Mohan Lal one son of the original tenant Sri Ram Charan Agrawal and he is running his business under the name and style of "M/s. Mohan General Store". This fact is well within the knowledge of the applicant-landlord and she made incorrect statement that the shop was occupied by Radhey Shyam. So far as the the opposite party no. 1 Radhey Shyam is concerned, he is running his shop under the name and style of "Maharaja Diesel Spare, Generator, Alternator & Engine Parts at Railway Arch, 44-Opposite Sita Ram Market, Belanganj, Agra. After death of Ram Charan Agarwal, all his heirs became co-tenants, therefore, it cannot be said that Sri Mohan Lal was inducted as sub-tenant by his brother Radhey Shyam, the opposite party no. 1. The release was contested by Mohan Lal, the occupant by filing counter affidavit.