S.U.KHAN, J. - (1.) THIS writ petition was dismissed in default on 17-11-1994. Thereafter it was restored through order dated 24-11-1997, written on the restoration application.
(2.) HEARD learned counsel for the petitioner. No one has appeared for the contesting respondents. Landlords respondents filed suit for eviction against tenant petitioner alleged therein that he was the tenant of an open piece of land over which he was permitted to raise temporary walls and place tin shed. According to the plaint allegations, U.P. Act No. 13 of 1972 was not applicable to the building in dispute. The suit was registered as Suit No. 90 of 1969, Smt Ram Pyari and another v. Panna Lal and another. The suit was decreed on 3-4-1972 against which petitioner has filed Civil Appeal No. 98 of 1972. The said appeal is still pending as its proceedings have been stayed through stay order passed in this writ petition. In the said appeal, petitioner filed an application under Section 29-A of U.P. Act No, 13 of 1972. The appellate court/Civil Judge II, Gorakhpur through judgment and order dated 5-12-1981, rejected the said application. This writ petition is directed against the said order dated 5-12-1981.
(3.) UNDER Section 29-A of the Act inserted by U.P. Act No. 28 of 1976, with effect from 5-7-1976, if a tenant is let out open peace of land and he with the landlord's consent has erected any permanent structure then he cannot be evicted unless some ground as mentioned under Section 20(2) of the Act exists. Under Section 29-A(6), it is provided that if immediately before the date of commencement of the said Section i.e. 5-7-1976, any suit or appeal is pending no decree for eviction shall be passed except on one or more grounds mentioned in Section 20(2) provided the tenant within a period of three months files an application before the court and unconditionally offers to pay to the landlord the enhanced rent as calculated in accordance with the said sub-section. Application before the lower appellate court was filed under the said sub- section.;