LAWS(ALL)-1999-12-56

ANWAR HASAN KHAN Vs. DISTRICT JUDGE SHAHJAHANPUR

Decided On December 03, 1999
ANWAR HASAN KHAN Appellant
V/S
DISTRICT JUDGE, SHAHJAHANPUR Respondents

JUDGEMENT

(1.) Anwar Hasan Khan, petitioner has filed this writ petition in his capacity as 'tenant' of a shop situate at Mohalla Tarin Jalalnagar, district Shahjahanpur (U. P.) at the rate of Rs. 4 per month. One Musabbar Ali Khan respondent No. 3 is admittedly his landlord of the shop in question (called 'the shop').

(2.) Petitioner claims that his father (Mehmood Hasan Khan) was the original tenant of the shop since the year 1930 and he has been carrying on retail business of shoes and chappals. The erstwhile owner/landlord migrated to Pakistan leaving no heirs. Rent was. therefore. paid to the Regional Settlement Commissioner since it vested in the Custodian. Property comprising shop was purchased by one Dr. M. D. Malik and he became the landlord. Thereafter one Ahmad All (father of Mohd. Shafi-respondent No. 3) purchased property in the year 1980 when Mehmood Hasan Khan (father of the petitioner) was already a sitting tenant. Mohmood Hasan Khan died in November. 1989 and his heir (present petitioner-Anwar Hasan Khan) and respondent Nos. 4 to 7 became tenant of the shop.

(3.) Mohd. Shafi Khan (respondent No. 3) filed an application for release (Annexure-4 to the writ petition) under Section 21 (1) (a), U, P. Urban Buildings [Regulation of Letting, Rent and Eviction) Act. 1972 (U. P. Act No. XIII of 1972) (for short called 'the Act').