Sudhir Narain, J. - (1.) This writ petition is directed against the order of the appellate authority, respondent No. 3, whereby the appeal was allowed and the application filed by the petitioner under Section 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act) was rejected.
(2.) Briefly stated the facts of the case are that respondent No. 1 was tenant in the disputed premises No. 16/98 Mahatma Gandhi Marg, Kanpur. The petitioner entered into an agreement with respondent No. 1 on 6th March, 1965, whereby it was agreed that the petitioner will give to respondent No. 1 one shop after its construction having floor area of about 1113 sq. ft. at monthly rent of Rs. 250 after the tenant vacates the premises under its occupation. It was further agreed that the tenancy of respondent No. 1 shall continue in respect of such newly constructed shop without any break and it shall be entitled to all rights that were available to a tenant of any pre-1951 constructions under U. P. Act No. III of 1947 except in so far as it was inconsistent with the terms contained in the agreement.
(3.) The petitioner filed suit for eviction against the respondent No. 1 (hereinafter referred to as the respondent). The trial court decreed the suit. The respondent filed Civil Appeal No. 330 of 1969. During the pendency of appeal, the parties entered into an agreement and in terms of the said compromise the appeal was dismissed on 22.4.1971.;