DINESH KUMAR AGARWAL Vs. XIITH ADDITIONAL DISTRICT JUDGE
LAWS(ALL)-2003-9-281
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on September 12,2003

DINESH KUMAR AGARWAL Appellant
VERSUS
XIITH ADDITIONAL DISTRICT JUDGE Respondents

JUDGEMENT

N.K.Mehrotra, J. - (1.)This is a writ petition under Article 226 of Constitution of India for issuing a writ in the nature of certiorari quashing the impugned judgment and order dated 3.3.1994 passed by the XIIth Additional District Judge, Lucknow in Rent Appeal No. 24 of 1993. Smt. Rashida Khatoon v. Dinesh Kumar Agarwal allowing the appeal against the judgment and order dated 27.3.1993 passed by the Prescribed Authority under Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter to be referred as 'Act').
(2.)Heard the learned counsel for the petitioner and the opposite party No. 3.
(3.)The petitioner is the tenant in a shop in House No. 261/64-Billauch Pura Road, Sarai Agha Meer, Lucknow belonging to the opposite party No. 3. The opposite party No. 3 filed an application for release under Section 21 (1) (a) of the Act. The case of the opposite party No. 3 as stated in the release petition is that Izhar Ahmad the elder son of the landlady, the opposite party No. 3 is a trained person. He having a training of two years for repairing electronic equipments from Ravi Electronics is totally unemployed. He wants to establish an Institute for repair and training of the electronic equipments but there is no accommodation available with her. It is alleged by the opposite party No. 3 that the petitioner is a very big businessman having his shop at Nadan Mahal Road, Lucknow and have a very huge godown at Koila Mandi near Chhedi Lal Dharamshala, Lucknow, in addition to the accommodation in question which is used by the tenant only as a godown for storing the cement. It was also alleged that the husband of the landlady has a shop of welding and kharad at Nadan Mahal Road, Lucknow but the same is insufficient to meet the expenses of the growing family of the applicant. The petitioner filed written statement alleging therein that the applicant has concealed various business accommodations available with her family members. It was contended that House No. 281/64, situated at Billouchpura, Lucknow is a very spacious building consisting of 11 shops and business accommodations wherein several accommodations are lying vacant and made available to the applicant or her family members for business purpose. The applicant and her family members have been letting out the business accommodations of the said building situated at Billouchpura, Lucknow from time to time within a period of two years to several tenants. The husband of the applicant is having a very big and specious shop in House No. 253/46 Kha, Nadan Mahal Road, Lucknow which is used by the applicant along with her husband. The applicant's husband himself stated in the P.A. Case No. 108 of 1983 that he is having a flourishing business.


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