HARI SHANKER Vs. OM PRAKASH AND ORS

JUDGEMENT

(1.) Heard Sri Diwakar Rai Sharma, learned Counsel for the defendant-petitioner/tenant and Sri P.K. Jain, learned Senior Advocate assisted by Sri Rishi Chaddha, learned Counsel for the plaintiff-respondent/landlord. This writ petition under Article 226 of the Constitution of India has been filed praying for the following relief:

(2.) Briefly stated, facts of the present case are that there were three shops owned by the applicant No. 1 Sri Om Prakash in town area Chharra, Pargana Gangiri, Tehsil Atrauli, District Aligarh. He had three sons namely Sri Narendra Kumar Maheshwari, Surendra Kumar Maheshwari and Devendra Kumar Maheshwari. An U.P.U.B. Case No. 1 of 1999 (Om Prakash and Narendra Kumar Maheshwari v. Hari Shankar) was filed by him under section 21 (1) (a) of U.P. Act 13 of 1972 on the ground of bona fide need for starting of business by his grandson Sri Vivek Kumar Maheshwari son of the applicant No. 2. The aforesaid Sri Om Prakash filed two separate cases for eviction of tenants from the remaining two shops. He executed a Will dated 2.8.2000. However, by sale deed dated 25.9.2004, he sold the aforesaid two shops to existing tenants against whom he had filed eviction suits. With respect to the disputed shop, he continued to contest the release application. During pendency of the aforesaid U.P.U.B. Case, the aforesaid original owner and landlord Sri Om Prakash died. He was substituted by his heirs and legal representatives including Sri Vivek Kumar Maheshwari for whose bona fide need the aforesaid Om Prakash and his son Narendra Maheshwari have filed the U.P.U.B. Case No. 1 of 1999. This case was decreed by judgment dated 30.5.2005 passed by the Civil Judge (Junior Division), Atarauli, Aligarh.

(3.) Aggrieved with the aforesaid judgment dated 30.5.2005, the defendant-petitioner/tenant filed a U.P.U.B. Appeal No. 7 of 2005 (Hari Shankar v. Sri Om Prakash and others), which was allowed by the Court of Additional District Judge, Court No. 1, Aligarh by judgment dated 11.4.2008. Aggrieved with this judgment, the aforesaid Vivek Kumar Maheshwari and another, filed Writ-A No. 24994 of 2008 (Vivek Kumar Maheshwari and another v. Hari Shankar), which was allowed by order dated 3.9.2014 and the matter was remanded for decision in the appeal afresh, as under: