A.N.Varma, J. - (1.) These are two connected writ petitions which are both directed against a common order dated 4-4-1978, passed by the respondent No. 1 allowing two revisions filed by one Rakesh Trading Company, arrayed as respondent No. 3 in Writ Petition No. 6316 of 1978 and R. S. Enterprise, arrayed as respondent No. 3 in Writ Petition No. 6312 of 1978, declaring these persons to be lawful occupants of the shops in dispute entitled to the benefit of Section 14 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
(2.) These are the relevant facts: By an order dated 21-1-1970, one of the two shops in dispute namely shop No. 7 was allotted to Shanti Swarup, the petitioner in Writ Petition No. 6312 of 1978, while the other shop No. 8 was allotted by an order dated 26-12-1969. These orders were passed under the provisions of U. P. Temporary (Control of Rent & Eviction) Act, 1947 (U. P. Act No. III of 1947). The landlord challenged the aforesaid orders under the provisions of U. P. Act No. III of 1947 by way of revision and representation to the State Government but without success. Thereafter, the allottee's initiated proceedings under Section 7-A of U. P. Act No. III of 1947, for dispossessing the landlord and some other persons who were alleged to have been inducted by him. The landlord filed objection against these proceedings. The objection was rejected. Thereupon, the landlord filed a revision which was allowed by the Commissioner by an order dated 12-3-1973. Aggrieved by the order passed by the Commissioner, the petitioner filed a writ petition in this Court, being Writ Petition No. 1555 of 1973, which was allowed by an order dated 27-5-1975. The landlord, thereafter filed a special appeal in this court before a Division Bench and obtained an order of stay therein staying the proceedings under Section 7-A which had been launched against the landlord. The special appeal was, however, got dismissed by the landlord on 5-10-1976 as not pressed.
(3.) While the aforesaid proceedings were going on, U. P. Act No. XIII of 1972, I came into force with effect from 15th July, 1972. This Act was amended by U. P. Act No. XXVIII of 1976 which introduced important amendments in S 14, besides other provisions of U. P. Act No, XIII of 1972, In July 1976, both R. S. Enterprise as well as Rakesh Trading Company made application claiming the benefit of Section 14 on the assertion that they had been admitted as tenants by the landlord prior to the coming into force of the U. P. Act No. XXVIII of 1976 and they were in occupation as such and that consequently they could not be dispossessed from the shops in dispute.;