MUKESH KUMAR Vs. GURPREET SINGH

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, for the petitioners.

(2.) This is a tenant's writ petition, filed against the order of Prescribed Authority dated 202013, allowing the application of the respondents and releasing shop No. 13/1774, situated at Kakkarganj Bazar, Saharanpur in their favour and order of Additional district Judge, dated 14.04.2017, dismissing the appeal of the petitioners, filed against aforesaid order.

(3.) Gurpreet Singh and Lakhvindra Singh (the respondents) filed an application (registered as P.A. Case No. 19 of 2008) under Section 21 (1) (a) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "the Act") for releasing shop No. 13/1774 (old No. 13/1062/7), situated at Kakkarganj Bazar, Saharanpur in their favour. In the application, they stated that the disputed shop was originally let out to Kundan Lal and after his death tenancy was inherited by the opposite parties. The applicant's fathers were three brothers, namely, Manjeet Singh, Amarjeet Singh and Bhagvindra Singh. Bhagvindra Singh was murdered on 008.2001. Amarjeet Singh was absconding and not heard after 1995. In O.S. No. 652 of 2002, Civil Court declared his civil death by judgment dated 19.07.2004. In pursuance of family settlement in their family, Smt. Parmjeet Kaur, Amandeep and Navdeep, heirs of Bhagvindra Singh executed a sale deed dated 12.05.2004 of the disputed shop in their favour. They had given due information of the sale deed to the opposite parties through registered notice dated 25.02008, which was knowingly refused by them. Gurpreet Singh has attained age of 28 years and Lakhvindra Singh has attained age of 23 years but they were unemployed. Due to which, they could not marry. Gurpreet Singh passed B.A. in third division and Lakhvindra Singh passed Junior High School as such there was no hope for them to get any job. They are in bona fide and genuine need of the disputed shop for opening a shop of general merchant, for which they had experience and necessary fund. Manjeet Singh, father of Gurpreet Singh has a shop at Kakkarganj Bazar, in which Manjeet Singh and Mandeep Singh, elder brothers of Lakhvindra Singh were doing business. The applicants wanted to do their independent business but no shop was available in the locality. Disputed shop was a suitable place for doing business of general merchant. Mukesh Kumar had a soap factory at village Rasoolpur, in which he and Pankaj Kumar were doing wholesale business of soap from factory premises. Om Prakash had a phenol manufacturing factory at village Rasoolpur, in which he was doing business. Ramesh Kumar was doing business of Mobil-oil shop at Ambala road. Sanjay Kumar was doing business of general merchant at mohalla Jafarnawaj. They had no need of the disputed shop. Earlier they assured the applicants to vacate the shop but subsequently they began to demand royalty at the market rate. The opposite parties have no need of disputed shop on the other hand need of the applicants is genuine and pressing. In case the shop is released in their favour, they would do their business and would not let out it to anyone. They are ready to give compensation according to the provisions of the Act.