PRATAP NARAIN Vs. VTH ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) Heard Sri K. M. Dayal, Senior Advocate, appearing for the petitioner and Sri Sankatha Rai for the landlord-respondent No. 3.

(2.) This is tenant's writ petition. The dispute relates to a portion of Premises No. 272, Meerapur, Allahabad. Landlord-respondent No. 3 moved an application against the petitioner under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the 'Act') on the ground that the premises was genuinely required by the landlord society for running a school after constructing another floor. Though seven other tenants have agreed to vacate but the petitioner has refused to do so. hence there arose the necessity for moving the release application. It was further alleged that the tenant-petitioner has in his occupation another House No. 145, situated in Mohalla Attarsuiya. Allahabad and he could shift his 'Atta Chakki' in that house without suffering any substantial loss. The petitioner contested the application on a number of grounds, one of them being that the application Itself was not maintainable In view of Section 29A of the Act as only land was let out to the petitioner over which he with the consent of the landlord has erected permanent constructions at his own expenses.

(3.) The prescribed authority by its Judgment and order dated 18.1.1986 allowed the release application of the landlord. It, however, directed that in case the landlord constructed shops, at least three shops shall be let out to the petitioner at a reasonable rent and that if within two years from the date of getting possession, the landlord failed to establish any school, the petitioner would be entitled to get his possession restored. The prescribed authority, however, held that only land was let out to the petitioner for carrying on business of 'Atta Chokki' on monthly lease but at the same time opined that the provisions of Section 29A of the Act did not create any bar in moving an application under Section 21 (1) (a) of the Act.