Rakesh Sharma, J. - (1.) Heard Sri H.S. Jain, learned Counsel for the petitioner-tenant and Sri S.K. Mehrotra and Sri. D. Shukla, who have put in appearance on behalf of respondent No. 1, the landlord.
(2.) Under challenge are two judgments and orders, one passed on 28.8.2001 by the Civil Judge (Senior Division) J.S.C.C., Lakhimpur Kheri in J.S.C.C. Suit No.11 of 1999 decreeing the suit for eviction and payment of arrears of rent, and the other, judgment and order dated 12.12.2002 passed by the Additional District judge (Court No.4), Lakhimpur-Kheri dismissing J.S.C.C. Revision No.13 of 2001 and upholding the judgment and order of the Prescribed Authority.
(3.) The property in dispute is a big bungalow built over 6000 sqr. ft. land, consisting of nine rooms, lawn, verandah with open space, situate at Civil Lines area of the city of Lakhimpur-Kheri near Deputy Commissioners residence. Earlier, one Smt. Buddhimati Devi, a resident of town Singahi, district Lakhimpur-Kheri was the landlady of this house/bungalow. Later it was sold by her to Smt. Vandana Pitaria, a resident of Lakhimpur-Kheri by a registered sale deed executed at Bombay (now Mumbai) on 23.2.1992. It has been submitted by the present landlord Smt. Vandana Pitaria that initially this bungalow was let out to petitioners father Sri K.M. Saran in the year 1979-80 at a meager rent, which was later on raised to Rs.250/- per month. After the death of Sri K.M. Saran, the petitioner Dr. V.K. Srivastava, who was working as a Medical Officer in district Kheri, was allotted this bungalow on 10.6.1974 by the Rent Control Officer/District Magistrate, Kheri. There is no mention of any monthly rent in the order of allotment of said house dated 10.6.1974, which was issued by the concerned Rent Control Officer, Kheri, as per provisions of Section 16 (1) of the concerned Rent Control Law i.e. the U.P. Urban Building (Regulation of Letting, Rent and Eviction Act.) 1972 (Act XIII of 1972), hereinafter referred to as the Act. A Copy of the order of allotment dated 10.6.1974 has been brought on record by the petitioner as Annexure-5 to this writ petition.;