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2010 Supreme(All) 56
2010 (78) ALR 436
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ran Vijai Singh, J.
Shri Krishna Lal
Vs.
Additional District Judge & Others
WRIT - A No. - 9 of 2010
Decided on : 5.1.2010
Anil Kumar,S.D. Kautilya
S.D. Ojha
The requirement to plead and prove bonafide need for the release of accommodation.
Headnote:
specific averment - application under section 21(1) A Act no. 13,1972 - The court considered the lack of specific averment in the application filed under section 21(1) A Act no. 13,1972 regarding the need of disputed premises for starting business and the absence of an affidavit to that effect filed by the daughters of Smt. Archana Badera for whom the shop was required. The court emphasized the requirement to plead and prove bonafide need for the release of accommodation.
Fact of the Case:
The petitioner contended that there was no specific averment in the application filed under section 21(1) A Act no. 13,1972 regarding the need of disputed premises for starting business and that only a desire was expressed in para 5 of the application. The daughters for whom the shop was required had already been engaged elsewhere and did not desire to join the business.
Finding of the Court:
The court issued notices to the respondents and directed the petitioner to serve a copy of the writ petition in the office of the learned Chief Standing Counsel for respondent no.1. As an interim measure, the operation of the impugned Judgment and order dated 1.10.09 passed by Addl. District Judge Court no. 13 Varanasi in Rent Appeal No. 234 of 2004 was stayed, provided the petitioner paid rent to the landlord.
Issues: The issues included the lack of specific averment in the application filed under section 21(1) A Act no. 13,1972 regarding the need of disputed premises for starting business and the absence of an affidavit to that effect filed by the daughters of Smt. Archana Badera for whom the shop was required.
Ratio Decidendi: The court emphasized the requirement to plead and prove bonafide need for the release of accommodation.
Final Decision: The operation of the impugned Judgment and order dated 1.10.09 passed by Addl. District Judge Court no. 13 Varanasi in Rent Appeal No. 234 of 2004 was stayed, provided the petitioner paid rent to the landlord.
Hon'ble Ran Vijai Singh,J.
Heard Sri R.K. Jain, learned senior counsel assisted by Sri S.D. Kautilya, learned counsel for the petitioner and Sri S.D. Ojha as well as Sri Raj Narain Tiwari learned counsel for the respondents.
2. Sri R.K. Jain learned senior counsel has contended before the court that there is no specific averment in the application filed under section 21(1) A Act no. 13,1972 that there is need of disputed premises for starting business and only desire has been expressed in para 5 of the application. No affidavit to that effect has been filed by the daughters of Smt. Archana Badera for whom shop was required. In his submissions, daughters have already been engaged somewhere and they do not desire to join the business. It has also been contended that bonafide need is to be pleaded and proved for release of accommodation. In view of that matter requires consideration.
3. Issue notice.
4. Sri S.D. Ojha has filed caveat on behalf of respondent no.4 and Sri Raj Narain Tiwari has filed Vakalatnama on behalf of respondent no.7., therefore, notices need not be served on respondents no. 4 and 7.
Issue notice to respondents n. 3, 5, 6, 8 & 9 through registered post returnable at an early date. Steps be taken within a week.
5. Learned counsel for the petitioner is directed to serve copy of the writ petition in the office of learned Chief Standing Counsel for respondent no.1.
6. In addition to normal mode of service, learned counsel for the petitioner is at liberty to serve respondents as indicated above outside the court, for which office shall issue Dasti notice to petitioner's counsel after taking steps.
7. As an interim measure without prejudice to the right and contention of the parties, it is provided that the operation of impugned Judgment and order dated 1.10.09 passed by Addl. District Judge Court no. 13 Varanasi in Rent Appeal No. 234 of 2004 (Smt. Vimla Devi and others Versus Krishna Lal) shall remain stayed provided petitioner pays Rs. 3000/-per month as rent to the land lord . The rent has to be paid by 10th date of each succeeding months. The order for enhancing the rent has been passed considering the location of the shop in the posh locality of Varanasi city. In case of default of payment of rent, the interim order passed by this Court shall stand vacated.
