S.N. Variava, Bisheshwar Prasad Singh, JJ. - (1.)This appeal by Special Leave is directed against the judgment and order of the High Court of Judicature at Allahabad in CMWP No. 9871 of 1990 dated 1st Nov., 1999, whereby the High Court refused to exercise its discretion under Art. 226 of the Constitution of India having regard to the fact that in its opinion the appellant had not approached the Court with clean hands. The judgment of the High Court is assailed before us on various grounds.
(2.)We shall briefly notice the facts of the case.
(3.)It is not in dispute that the appellant, namely. U.P. State Agro Industrial Corporation Limited took on rent the premises belonging to respondents herein under an agreement dated April 1, 1972. An application was filed by the respondents - landlords under Sec. 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction} Act, 1972, praying for eviction of the appellant from the premises in question on the ground of bonafide personal need. It appears that though the appellant was served with notice of the proceedings, it did not appear to contest the application and ultimately an ex-parte decree was passed. Thus the Court applied its mind and concluded that there was a bona-fide need However, on application made by the appellant I for recall of the order, the ex-parte decree was recalled and thereafter the matter was heard.