TEERATH PRASAD Vs. SPECIAL JUDGE, JHANSI

JUDGEMENT

(1.) This is tenant's writ petition arising out of suit for ejectment filed by landlord respondent on the ground of sub tenancy under Sec. 20 (2) (e) of U.P. Act No. XIII of 1972. The sub tenancy was created before enforcement of U.P. Act No. XIII of 1972. The only question is whether in such situation suit for ejectment can be decreed or not. Sec. 25 (2) (e) is quoted below:-

(2.) The suit being S.C.C. Suit No. 189 of 1987 was decreed by J.S.C.C. Jhansi on 19.7.1988. The tenant filed revision being S.C.C. revision No. 216 of 1988 which was dismissed by Additional District Judge/Special Judge (E.C. Act) Jhansi through judgment and order dated 2.5.1990. Both the Courts below after taking relevant material on record have held that sub tenancy was proved. This is a finding of fact, which cannot be interfered with in exercise of writ jurisdiction.

(3.) Learned Counsel for the petitioner has vehemently urged that the sub-tenancy alleged and found by the Courts below came into existence much before 1972 hence, suit cannot be decree on this ground. There is no dispute that old Rent Control Act i.e. U.P. Act No. XIII of 1947 was applicable to the building in dispute. Under the old act also, sub tenancy was prohibited. As held in, 1976 A.W.R. 791 and 1976 A.W.C. 801, referred with approval in 1980 ARC 223 (F.B.). The word 'tenant has sublet' signifies an actual event of subletting whether it be prior to or after commencement of 1972 Act.