Nov - High Court of Judicature at Allahabad

3 All] Dr. R.C. Agrawal and another V. Bharat Press and others 1089
finally surrendered his registration
certificate to the Bar Council of U.P. on
25.5.1995. He started printing business
in partnership of one Sanjeev Misra in
the name and style of M/s Printrite
which was run from the house of Mr.
Sanjeev Misra, 523/450, Badshahi
Mandi, Allahabad. The partnership was
dissolved in the year 2001 and the
petitioner no. 2 having no other option
was compelled to take away the printing
machines, computer, furniture etc.
which are now kept on the second floor
of the disputed shop. Since then the
petitioner no. 2 is idle without any work
and unemployed, therefore, he required
the shops in dispute for his personal use
to set up his printing business. The need
of the petitioner no. 1 was also set up
for the ground floor accommodation i.e.
the disputed shop as petitioner no. 1 had
suffered massive heart attack on
15.9.2002 and was admitted in Nazareth
Hospital, Allahabad. He was referred to
Escort Hospital, New Delhi and is also a
patient of diabetes and high blood
pressure and doctor has strictly advised
him not to use stairs but having no other
option but to ascend and descend the
staircase on the second floor number of
times during the day. The petitioner no.
1 also required job as he wanted to open
a small clinic on the ground floor after
shifting so that he may be engaged and
also put his skill to good use. Thus the
bonafide need set up in the release
application was on the aforesaid two
grounds. On perusal of the release
application, it transpires that it was
urgently required for both the
petitioners. Request to the respondents
to vacate the ground floor failed to yield
any result.
6. The respondents-tenant filed
their objection denying their bonafide
need of the petitioners pleading
comparative hardship in their favour.
Specific objection was that the
petitioner no. 1 and his wife did not
reside in Allahabad and they are
permanently residing at Sultanpur and
they have two big houses at Sultanpur.
He is rerunning his medical clinic at
Sultanpur and claim by the petitioner
that he had a massive heart patient and
diabetes is concocted and not worth
reliance. The ground for release of the
disputed shop was also denied. Sales tax
registration, partnership deed and
dissolution deed were also denied. The
petitioner had also filed affidavit of
Sanjeev Misra, erstwhile partner of the
petitioner no. 2 which is numbered as
Paper No. 48B supporting the
contention of the petitioner no. 2
regarding partnership business of
printing press for the period from 1995
to 2001. Subsequently when Sanjeev
Misra was got employed after death of
his father in Allahabad University on
compassionate ground, the partnership
firm was dissolved. Neeraj Dhall, son of
respondent no. 3 had given his affidavit
on 1.7.2008 expressing willingness to
vacate the back portion hall of the first
floor of the disputed house. The
petitioners had also offered an
alternative accommodation to
respondent nos. 2 and 3 to shift their
business to the first floor from the
ground floor of the same building but
they refused to agree and instead
preferred to contest the release
application.
7. The trial court dismissed the
release application vide its judgment
dated 11.8.2008. The petitioners