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2014 Supreme(All) 2629
ALLAHABAD HIGH COURT
Sudhir Agarwal , J.
Shabihul Hasan and Anr. - Appellant
Versus
Xivth A.D.J. Kanpur Angar and Ors. - Respondent
Writ - A No. - 30503 of 2000
Decided On : 26-02-2014
For the Petitioner: K.K. Arora, Atul Dayal, Pramod Srivastava, S.M. Nazar Bokhari
For the Respondent: C.S.C.,M.A. Qadeer, M.K.Nigam, Manish Tandon, S. Rashid, Sagir Ahmad, Shamim Ahmad
Concealment of material facts in a subsequent release application can render the petitioner's case of bona fide need unbelievable and influence the court's decision.
Headnote:
Landlords' - Release of Accommodation - U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 21(1)(a) - Act, 1972
Fact of the Case:
The landlords filed a writ petition seeking release of accommodation under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, based on their individual needs for establishing a legal practice and a cloth business.
Finding of the Court:
The court found that the petitioners had previously filed a similar release application for a different accommodation, which was allowed in favor of all the applicants. The court held that the concealment of this fact in the subsequent release application rendered the petitioners guilty of withholding relevant information and made their case of bona fide need unbelievable and ingenuine.
Issues: Concealment of material facts in the subsequent release application, independence of the new release application from the earlier proceedings, and the scope of judicial review under Article 226/227.
Ratio Decidendi: The court's decision was influenced by the concealment of material facts in the subsequent release application and the independence of the new release application from the earlier proceedings. The court also emphasized the limited scope of judicial review under Article 226/227.
Final Decision: The writ petition was dismissed, and any interim order was vacated.
Sudhir Agarwal,J.: -
Heard Sri Atul Dayal, Advocate for petitioners and Sri M.A. Qadeer, learned Senior Advocate assisted by Sri Shamim Ahmad, for respondent no. 2.
2. This is a landlords' writ petition filed under Article 226 of the Constitution of India, who are aggrieved by the judgment dated 20.10.1999 passed by 14th Additional District Judge, Kanpur Nagar, whereby it has allowed tenants' rent appeals and set aside Prescribed Authority's order dated 13.11.1998 and dismissed landlords' release application filed under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") .
3. Rent Case No. 15 of 1992 was instituted by petitioners, Shabihul Hasan and Wajihul Hasan. The case set up by petitioners is that petitioner No. 1, Shabuhul Hasan is a Law Graduate and owner and landlord of House No. 98/119, Mohalla Nazir Bagh, Beconganj, Kanpur. He is an Advocate by profession and practicing in District Court Kanpur Nagar since 1985. He has no place to run his office/chamber for conducting legal practice. He is having lot of difficulty for want of accommodation to have his office/chamber. He needs accommodation in question for the purpose of establishing his office/chamber. This is what was pleaded in the release application in paras 5 and 6. Similarly, in para 13 it was pleaded that petitioner no. 2, Wajihul Hasan, is unemployed and jobless, having no business or any means or source of livelihood and he wants to establish himself by carrying on a business of cloth. Since there is no other accommodation available to him to run the said business, he required accommodation in question for said purpose. This is what has been pleaded in paras 13, 14 and 15 of release application. The petitioners in the above facts and circumstances sought release of accommodation in question from respondents-tenants impleaded therein.
4. The application was allowed by Prescribed Authority vide judgment and order dated 13.11.1998 whereagainst tenants preferred rent appeals which have been allowed by Lower Appellate Court vide judgment dated 20.10.1999 and the judgment of Prescribed Authority has been set aside.
5. It is evident from record that both these petitioners, alongwith their father, earlier instituted release proceedings vide Rent Case No. 73 of 1985, filed in the Court of Prescribed Authority/2nd Additional Civil Judge, Kanpur seeking release of another accommodation, which was in possession of Sri Anwar Khan Mahboob and others, who were impleaded as defendants. Therein also all the three applicants, namely, present petitioners as also their father, pleaded their individual need for getting said accommodation released. In para 6 of release application petitioners' father, Shamshul Hasan, set up his need while petitioner no. 1, Shabihul Hasan had set up his case in paras 13 and 14 and petitioner no. 2, Wajuhul Hasan set up his case in para 15 of the release application. These paras read as under:
"6. That the petitioner no. 1 wants and requires to establish the business of manufacturing later belts and akin materials for industrial purposes including those used in Textile Mill amongst others and other leather goods and material on a large scale. At present his family members namely Smt. Shagufta and Km. Farzia are some how gone but that have practically no accommodation for the same, but have to some how drag on to make source of survival in these high times. The business is being run under the name and style of Kanpur Leather Products."
"13. That besides the petitioner no. 2, Shabihul Hasan is LL.B. III years pass and has to start his legal practice and he is in urgent and acute need for establishing the office/chamber for the purpose of consultation with his clients, preparation of cases giving dictations to the Steno and keeping his library and other furniture necessary for the office besides adequate space for seating his Clerks, Typist and Clients.
14. T
