CHAMPA DEVI AND ANR. Vs. RENT CONTROL AND EVICTION OFFICER (1ST), ALLAHABAD AND ANR.
LAWS(ALL)-2002-3-137
HIGH COURT OF ALLAHABAD
Decided on March 15,2002

Champa Devi And Anr. Appellant
VERSUS
Rent Control And Eviction Officer (1St), Allahabad And Anr. Respondents

JUDGEMENT

S.R. Singh, J. - (1.) This petition filed by landlord seeks issuance of a writ in the nature of certiorari quashing the order dated 17.6.1996 whereby the Prescribed Authority held in view of Section 2(g) of the U.P. Act No. 13 of 1972 as amended by Act No. 5 of 1995 that the building in question went out of the purview of the Act. Issue was referred to Larger Bench as to whether the amended Act would affect the pending proceeding, the Division Bench in its judgment dated 11.1.2002 held. Relying upon the Supreme Court decision in M/s. Ambalal Sarabhai Enterprises Ltd. v. M/s. Amrit Lal and Co. and another, JT 2001 (7) SC 477 : 2001 SCFBRC 84 , that it did not affect the pending proceedings and were to be decided in accordance with law as it stood before the amendment. In the circumstances the orders impugned herein cannot be sustained. The writ petition therefore, succeeds and is allowed. The impugned orders are quashed. The matter is remitted tot he Prescribed Authority for decision on the application under Section 21 (8) of the U.P. Act No. 13 of 1972 in accordance with law as early as possible, preferably within six week from the date of presentation of the certified copy of this order. Payment made pursuant to the interim order passed by this Court would abide by the result of the application under Section 21(8) of the U.P. Act No. 13 of 1972. Petition allowed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.