RAM CHANDRA Vs. BIPIN KUMAR AGNIHOTRI

JUDGEMENT

(1.) Heard Sri Ramendra Asthana, learned counsel for the tenants/petitioners and Sri Pramod Kumar Srivastava, learned counsel for the landlord-respondents.

(2.) Briefly stated facts of the present case are that undisputedly the respondent is the owner and landlord of the disputed building which is part of T.P. No.353, Sadar Bazar, Shahjahanpur. This portion was let out to the ancestor of the petitioner probably in the year 1963. The tenancy was succeeded by the petitioners which is for a monthly rent of Rs.200/-. The respondent-landlord is an Advocate by profession. His residence is undisputedly in a narrow lane where clients find it difficult to approach him. He wants to establish his chamber at the suitable place. The disputed property is situate on the main road. To establish his chamber/office the respondent-landlord filed an application dated 01.07.2011, under Section 21(1)(a) of U.P. Act No.13 of 1972 for release of the disputed accommodation. Parties led their evidences both oral and documentary. The release application being P.A. Case No.2 of 2011 (Bipin Kumar Agnihotri Vs. Ram Chandra and another) was allowed and the case was decreed by judgment dated 27.02.2018, passed by Civil Judge (S.D.), Shahjahanpur. Aggrieved with this judgment, the tenants-petitioners filed a P.A. Civil Appeal No.19 of 2018 (Ram Chandra and another Vs. Bipin Kumar Agnihotri), which has been decided by the impugned judgment dated 16.4.2019, passed by the District Judge, Shahjahanpur. During pendency of the aforesaid appeal, the tenants-petitioners moved an application 14 Ga dated 15.10.2018, under Order XXVI Rule 9 C.P.C. for issue of commission to find out the distance in meters between the residential house of the respondent-landlord and the disputed house and the length and width of the disputed house and name of tenants. This application was rejected by the appellate court by District Judge, Shahjahanpur by order dated 6.12.2018, against which the tenants-petitioners filed Writ - A No. 2256 of 2019 (Ram Chandra and another Vs. Bipin Kumar Agnihotri) which was disposed of by order dated 13.02.2019, observing as under:-

(3.) Now, the tenants-petitioners has filed the present writ petition under Article 226 of the Constitution of India praying for the following relief:-