- (1.) A decree of eviction and for damages, pendente lite and future, dated 30.7.12 passed by Additional District Judge, Ghaziabad exercising powers of Small Causes Court has been challenged in this revision under Section 25 of the Provincial Small Causes Act, 1887. The two primary questions arising in this revision are as under:-- (i) Whether the suit is barred by Section 13 of the U.P. Industrial Housing Act, 1955? (ii) Whether the plaintiff respondent No. 1 is entitle to maintain the suit for the eviction of the defendant revisionist from the house/quarter in question?
(2.) The brief facts giving rise to the present suit are necessary so as to appreciate the controversy arising above.
(3.) The Assistant Labour Commissioner (Housing) on 29.4.71 had allotted house Nos. 5, 6, 7, 8, 11 and 12, a total of 6 houses of block No. 59 Industrial Labour Colony in favour of the plaintiff respondent No. 1 M/s. Unichem Laboratory Private Ltd. on a monthly rent of Rs. 23/- per house for the residential purposes of its workers with the condition that the monthly rent shall be payable to the Assistant Labour Commissioner (Housing) Ghaziabad and the allottee worker shall sign the prescribed agreement before occupying the house. The above allotment letter/order also provides for the terms and conditions of allotment.;