RAMESHWAR DAYAL Vs. RAM JI DAYAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) The present petition has been filed challenging an order dated 20.03.2017 passed by the Additional District and Sessions Judge/F.T.C., Mathura in P.A. Appeal (Civil) No.16 of 2010 by which the appeal preferred by the landlord-respondent against the judgment and order dated 04.12010 passed by the Prescribed Authority/Additional Civil Judge (Senior Division), III, Mathura in P.A. Case No.6 of 2004 has been allowed; the order of the Prescribed Authority has been set aside and the release application of the landlord-respondent has been allowed.

(3.) A perusal of the record would reveal that the release application was filed by the landlord claiming that the defendant had been in occupation as a tenant of a small betel shop admeasuring 5' x 6' located on the point from where the landlord had ingress and egress to his house, as a result, Rasta available to the landlord-respondent was only 2.5 feet wide causing serious inconvenience to the landlord-respondent inasmuch as he could neither take a vehicle nor a rickshaw to his house and even a fat person would find it difficult to pass through the narrow passage on account of the shop. It was accordingly prayed that the said shop be released in favour of the landlord so that he could remove the shop and establish a proper gate. The release application was contested on various grounds by claiming that the shop had been in existence for last several years and, therefore, the inconvenience, if any, cannot be made a ground for release. It was further claimed that the real intention of the landlord-respondent was to sell off the property in furtherance of which, already an agreement for sale had been entered into.