- (1.) On a reference having been made by a learned Single Judge, who entertained doubts about the correctness of an earlier decision of the Court in Sheo Prakash Chandra Mehta v. IIIrd to the Hon'ble the Chief Justice for consideration of the following question by a Full Bench, the office in pursuance of the order passed by the Hon'ble the Chief Justice has placed the matter before us, for its adjudication: Whether the U.P. Urban Buildings (Regulation of Letting, rent and Eviction) Act, 1972 applies to a case where under the agreement, tenant voluntarily vacates the tenanted accommodation for demolition and new construction and after demolition and new construction, new constructed premises is let out to the tenant. The relevant facts in this regard may be noticed in brief. The facts are few and not much in dispute.
(2.) It is an accepted position before us that Gopal Das (hereinafter referred to as tenant) was a tenant of an old shop belonging to Bal Krishan (hereinafter described as landlord. These two parties on 17th September, 1998 entered into a compromise, outside the Court. The tenant agreed to vacate the then existing shop which was under his possession and the landlord agreed to let out him a front shop in the market, which was then under construction, after the completion of the construction.
(3.) It is common case of the parties that the landlord in pursuance of the above compromise in the month of December, 1998 did deliver the possession of the newly constructed shop which was occupied by the tenant.;