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TMI Blog2009 (10) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal are as follows: On 17th of December, 1992, the father of the present landlord, viz. Late Sri Jai Prakash Gupta had filed an application under Section 21(1)(a) of the U.P. act No. 13 of 1972 (hereinafter referred to as the Act ) before the Prescribed Authority at Meerut for the release of the Shop No. 51, situated at the Ground Floor in House No. 64, Banshipura, Suraj Kund Road, Meerut (hereinafter referred to as the shop in dispute ). It was pleaded in the application for release that the landlord required the shop in dispute for his bonafide need to use the same as an office space to establish his son in the profession of Chartered Accountancy. It was alleged that the tenant was running a big business of `Verk' job in Khairnagar in Meerut City and that he would suffer no hardship since he had kept the shop in dispute unutilized. The tenant not having vacated the shop in dispute which would be required for the bonafide requirement of the landlord, the landlord was constrained to file the application for release. 5. The tenant entered appearance and contested the application for release by filing a written objection denying the material allegations made in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judicature at Allahabad. During the pendency of the writ petition, the original applicant for release of the shop in dispute i.e. the father of the present appellant died and in his place, the heirs and legal representatives of the original appellant were substituted by the High Court by an order dated 25th of August, 2005. During the pendency of the writ petition, it was brought on record that the mother of the appellant and the father of the tenant had also expired. On 23rd of May, 2007, the tenant, by a Supplementary Affidavit, alleged that after the death of the original appellant, the present appellant, Mr. Manoj Kumar Gupta, the only son of the original appellant (since deceased), has inherited all his residential and commercial property and, therefore, the alleged need of the landlord had become fully satisfied, rendering the release proceeding infructuous. The tenant, in the said Supplementary Affidavit, further alleged that the printing business conducted by the deceased father of the present landlord had ceased to exist and consequent thereupon, one big hall and two rooms came in possession of the present landlord. 9. Replying to this supplementary affidavit, the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the matter to it, had failed to record any reason as to why an order of remand was necessary and the findings already arrived at by the Appellate Court were perverse, apart from relying on the sole subsequent event of the death of the parents of the appellant and also the father of the tenant along with the fact that the present landlord had acquired house behind the shop in dispute in a vacant condition. 13. As noted earlier, no one has entered appearance on behalf of the tenant at the time of hearing of this appeal to controvert the submissions made by the learned Counsel for the present landlord. 14. Having carefully examined the submission of the learned Counsel for the landlord/appellant and after going through the impugned Judgment of the High Court as well as of the Appellate Court and also the supplementary affidavit and counter affidavit filed by the parties and other materials on record, we are of the view that the only question that needs to be decided is, whether the High Court was justified in remanding the case back for disposal to the Appellate Court on the sole reasoning of subsequent developments, without looking at the findings of the Appellate Court an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to amend his pleading bringing the fact namely, the requirement of his two sons and a daughter. 15. In our view, there cannot be any argument that the facts brought in by way of subsequent developments are relevant and it certainly needs to be gone into on evidence. But since the litigation is pending for the last 15 years, that is to say, from 1992, we are of the view that instead of setting aside the entire order of the Appellate Court and sending the case back to the same for fresh decision on subsequent developments which were brought before the High Court, only an order of limited remand to the Appellate Court ought to have been passed by the High Court, keeping the file pending before it and after receiving the evidence on the effect of subsequent developments on the question of bonafide need and comparative hardship from the Appellate Court and the finding of the Appellate Court on such question, considering the entire evidence and also the supplementary affidavit and counter-affidavit filed by the parties and other materials on record, the Writ Petition can be decided afresh. 16. It is true that a suit or an original proceeding is to be tried in all its stages on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chote Khan v. Mohammad Obedalla Khan AIR 1953 Nag 361 in which the view of the Court to take note of the subsequent developments specially at the appellate stage was taken up for consideration. Hidayatulla, J (as His Lordship then was) held as under: on a review of judicial opinion, that an action must be tried in all its stages on the cause of action as it existed at the commencement of an action. No doubt, Courts 'can' and sometimes 'must' take notice of subsequent events, but that is done merely 'inter partes' to shorten litigation but not to give to a defendant an advantage because a third party has acquired the right of the plaintiff. (emphasis supplied) 21. In view of the discussions made hereinabove, it is therefore, a settled proposition of law that subsequent developments of fact or law which have a material bearing on the entitlement of the parties to relief or on aspects which bear on the moulding of the relief occur, the Court, even at any stage of the proceeding, is not precluded from taking a cautious cognizance of the subsequent developments of fact and law to mould the relief. Keeping these principles in mind and considering the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was used for running the printing business of his deceased father has come to the use of the landlord/appellant, and therefore, the requirement of the landlord has already been fulfilled. Moreover, in the light of the fact that the tenant now has alternative space for his business, it has to be seen whether such alternative space is suitable enough for the tenant and whether he can shift there without substantial loss. Therefore, we are of the view that the High Court was fully justified in setting aside the order of the Appellate Court in view of the fact that all the facts stated herein need to be gone into after taking evidence on such facts. The effect of the subsequent developments on the bonafide need of the present landlord as well as the comparative hardship of the parties on material facts could not be taken into consideration by the Writ Court without proper evidence on record. However, considering the age of the litigation i.e. 15 years and if the matter is sent back to the Appellate Court, the proceeding may continue for another 15 years, we are of the view that the High Court was not justified in sending the case back to the Appellate Court for fresh decision in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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