S.C. Verma, J. - (1.) By this petition the petitioner has prayed for a direction to the respondent No. 1 to ensure immediate compliance of the undertaking given by the respondent No. 2 in Rent Control Appeal No. 10 of 1981.
(2.) In short the facts of the case are that the Prescribed authority by an order dated 5th January 1981 rejected the application of the landlady for release of the premises under Section 21(1)(b) of the Act. Learned District Judge on appeal allowed the application for demolition and reconstruction of the building within six months of the eviction by the tenant. The portion in dispute is one residential room apartment including one Varandah, Kitchen, bath room and latrine in the occupation of the petitioner for the last '25' years on monthly rent of Rs. 8.75 and the remaining portion of the house is in actual occupation of the landlady and her family members.
(3.) The tenant applied for review of the order dated 21-1-1982 and after exchange of the affidavits the review petition was disposed of by an order dated 20-3-1982. The relevant portion of which is being quoted below: "The applicant Sri Vidya Sagar has handed over the key of the tenanted portion to the opposite party in court. He has vacated the tenanted premises in consonance with order dated 20-1-1982 in R.C. Appeal No. 10 of 1981. The applicant Sri Vidya Sagar stated that he has already taken over the possession of the alternative accommodation situated at 49-Moti Bazar, Dehradun, which carried a rent of Rs. 50/per month. Sri Virmani states that the opposite party shall pay rent of the said premises on behalf of the applicant for six months during which tenanted disputed premises shall be constructed. Sri Virmani further stated that in case the reconstruction takes a little longer than six months the opposite party shall continue to pay the rent of 49-Moti Bazar, Sri Virmani also stated that after reconstruction the applicant shall be let into reconstructed premises and shall be entitled to remain in same without notice and without permission of the landlord. Sri Virmani also states that such entry shall be deemed to be re-allotment of the premises in favour of the applicant Sri Vidya Sagar Under Section 24 of the U.P. Act No. 13 of 1972. The rent of the newly constructed premises shall however be determined afresh in accordance with law. The applicant Sri Vidya Sagar agrees with these terms. Sd/- D. L. Agarwal, District Judge, Dehradun, 20-3-1982. ORDER The review petition is decided accordingly in the light of the clarification and agreement of parties as mentioned above. The order dated 20-1-1982 in R. C. appeal No. 10/81 shall therefore be read in the light of these clarifications and agreement." There is no dispute that the tenant vacated the premises and occupied 49-Moti Bazar, Dehradun. After the building was reconstructed the Additional District Magistrate, passed an order dated 25-2-1983 allotting the premises in favour of the petitioner in case No. 23 of 1982 Under Section 24(2) of U.P. Act No. 13 of 1972. 3A. The landlady by notice dated 29-6-1982 informed that she has spent about Rs. 16000/- in the reconstruction of the portion in occupation of the tenant and she is entitled to rent of Rs. 160/per month excluding taxes. The tenant was also required to deposit one month advance rent and thereafter possession was to be delivered. Para 6 of the said notice is being quoted below: "6. That if you take possession as agreed upon in the judgment dated 20th March 1982 it shall be treated that you have agreed to the aforesaid rent which is determined according to law at the rate of Rs. 160/- per month excluding taxes. This is to call upon you to deposit one month advance to my client and obtain receipt for the same and after obtaining receipt you are permitted to take possession of the tenanted accommodation. Otherwise also if you take possession of the tenanted accommodation you are required to remit the rent by Money Order at the aforesaid rate to my client." The landlady further insisted by telegram dated 14-9-1982 for payment of Rs. 160/- per month and advance and thereafter possession was to be delivered.;