SATISH AGRAWAL AND ORS. Vs. KRISHNA MURARI

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 order of release dated 12.3.2014 passed in P.A. Case No. 49 of 2010 (Krishna Murari v/s. Satish Agrawal and another) and the judgment and order dated 29.7.2015 passed in Rent Control Appeal No. 40 of 2014.

(3.) The property in dispute is shop No. 86/10 measuring "14ft. X 6.3ft." abutting road at the ground floor of House No. 85/7, Sultanpura, Agra Cantt., Agra. The respondent -landlord filed a release application under Sec. 21(1)(a) of U.P. Act No. 13 of 1972 on 9th August, 2010 with the assertion that he is landlord and owner of the shop No. 86/10. The petitioner No. 1 i.e. Satish Agrawal was inducted as tenant on a monthly rent @ Rs. 475/ - per month besides water tax @ 14% per annum in the year 1999. The petitioner No. 1 Satish Agrawal is running his business in the name and style of "M/s. Maharaja Gift Centre" in a shop existing in his own house and he has delivered possession of the shop in question to petitioner No. 2 Mohan Kumar Agrawal (his brother), who is doing his business under the name and style of "M/s. Mohan General Store".